Thierer v. Board of County Commissioners

The opinion of the court was delivered by This is an appeal by plaintiffs, Henry and Nellie Thierer, from a decision of the trial court denying judgment for damages due to flooding and denying a mandatory injunction against the defendant county commissioners. Defendants cross-appeal from a mandatory injunction ordering them to provide access to plaintiffs' farm land by means of a suitable crossing over Thierer Branch of McDowell Creek. Plaintiffs are owners and operators of a farm in Geary County, Kansas, through which meanders a stream. Their thirteen-acre tract of creek bottom land is protected from high water by a levee maintained by plaintiffs. In 1959, defendants caused the channel of Thierer Branch upstream from plaintiffs' land to be altered in connection with relocating a bridge and county road. Due [212 Kan. 572]