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Argyelan v. Haviland

435 N.E.2d 973 (1982)

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Argyelan v. Haviland

Indiana Supreme Court
435 N.E.2d 973 (1982)

Facts

The Argyelans (defendants) improved their parcel of land with buildings and parking lots. The Argyelans also erected downspouts directed toward the property line, paved a substantial portion of the land, and erected a retaining wall along the property line. There was no evidence that the Argyelans channeled water to the Haviland property or cast the water in a body upon the land. The improvements increased water drainage into the adjacent property. The Havilands (plaintiffs) owned the adjacent property. The Havilands found that increased surface-water drainage caused substantial damage.

Rule of Law

Issue

Holding and Reasoning (Prentice, J.)

Dissent (Hunter, J.)

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