WALKER v. DUBA

No. 2003-CA-001820-MR.

161 S.W.3d 348 (2004)

Charles Thomas WALKER and Joyce Walker, Appellants, v. Eugene B. DUBA and Dorothy Duba, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 7, 2005.

Discretionary Review Denied by Supreme Court May 11, 2005.


Attorney(s) appearing for the Case

Charles Thomas Walker, pro se, Joyce L. Walker, pro se, Louisville, KY, for appellants.

Wayne J. Carroll, J. Scott Sweeney, Louisville, KY, for appellees.

Before SCHRODER and TACKETT, Judges; EMBERTON, Senior Judge.


OPINION

SCHRODER, Judge.

This appeal discusses the rights and obligations of an upper elevation owner in ridding itself of diffused surface waters onto lands below. Kentucky has adopted the "reasonable use" rule which is a modification of the "common enemy" doctrine. The reasonableness of a land owner's actions is an issue of fact and the trial court's findings will not be reversed absent an abuse of discretion. We see no abuse of discretion and affirm...

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