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HAITH v. ATCHISON COUNTY

No. WD 42124.

793 S.W.2d 151 (1990)

John and Leatha HAITH, Appellants, v. ATCHISON COUNTY, Missouri, Respondent, and Tom and Cora McEnaney, Respondents.

Missouri Court of Appeals, Western District.

June 19, 1990.

Attorney(s) appearing for the Case

Jefferson G. Broady, Rock Port, Scott W. Ross, Maryville, for appellants.

Donald Eugene Reynolds, Rock Port, for Atchison County, Mo.

John F. Burns, St. Joseph, for Tom McEnaney.

Frank H. Strong, Maryville, for Cora McEnaney.

Before TURNAGE, P.J., and LOWENSTEIN and GAITAN, JJ.

LOWENSTEIN, Judge.

This appeal concerns a dispute between two adjoining landowners over control of water flowing over their agricultural land. Both sides asked for injunctive and monetary relief in this case tried to the court. Atchison County has not appealed nor did they file a respondent's brief. In order to make any sense of this controversy, a rough map is attached—the reader is directed particularly to the: 1) conservation ditch, 2) willow filled ditch...

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