DUCHAM v. TUMA

No. 93-534.

877 P.2d 1002 (1994)

Leo J. DUCHAM, Verna M. Ducham and Lenora E. Hyland, Plaintiffs and Appellants, v. Robert L. TUMA and Phyllis A. Tuma, Defendants and Respondents.

Supreme Court of Montana.

Decided July 6, 1994.

Rehearing Denied July 29, 1994.


Attorney(s) appearing for the Case

Claude I. Burlingame, Thompson Falls, for Appellants.

David L. Astle, Kalispell, for Respondents.


GRAY, Justice.

In this case, we review a judgment issued by the Twentieth Judicial District Court, Sanders County, denying Plaintiffs' request for a permanent injunction to stop Defendants' discharge of water across their property. We reverse.

In 1959 and 1961, Lenora Hyland (Hyland) purchased adjoining tracts of property located north and south of each other in the Trout Creek drainage in Sanders County. She used the land for agricultural purposes, raising...

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