Zwart v. Penning

The Supreme Court affirmed in part and reversed in part the circuit court’s judgment in favor of Plaintiffs awarding damages and an easement enabling Plaintiffs to install an independent tile line underneath Defendant’s property.Uphill landowners (Plaintiffs) and downhill landowner (Defendant) agreed to connect their drain-tile systems to allow for improved drainage across their parcels. Plaintiffs built and maintained an independent tile line that ran across Defendant’s property. Defendant experienced flooding. Believing that the connection of Plaintiffs’ drain tile to his system was the cause, Defendant obstructed the connection and then disconnected his drain-tile system from Plaintiffs’ system, causing water to pool on Plaintiffs’ property. Plaintiffs filed a complaint seeking damages and an order permitting them to reconnect the two systems. Defendant counterclaimed arguing that Plaintiffs unlawfully discharged water onto his land. The circuit court held in favor of Plaintiffs. The Supreme Court held that the circuit court (1) did not err in concluding that promissory estoppel entitled Plaintiffs to damages and an easement because the parties agreed that Plaintiffs would discharge water into Defendant’s drain-tile system; but (2) erred in concluding a trespass occurred because Defendant did not cause water to enter Plaintiffs’ land where the water was already on the land and Defendant simply caused it to remain there. View "Zwart v. Penning" on Justia Law