Taylor county to prevent surface water

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Question

Eldon Tucker built a dam on property he owned in rural Taylor County to prevent surface water flowing from Paul Graham's property from flooding his home. The contours of the land caused surface waters to flow naturally from Graham's property to Tucker's. Following Tucker's construction of the dam, Graham suffered flood damage to his property, because Tucker's dam caused the water to back up on Graham's property. Graham sued Tucker for $315,000 to cover the damages caused to his property by Tucker's dam. Graham also asked the court to order Tucker to remove the dam. Tucker says he had to build the dam because the water flowing off of Graham's property was flooding his home, so he thinks that Graham should pay for any damages to his home if he has to remove the dam. Who will prevail and why?

Reference no: EM133681729

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