Real estate litigator, H. Kirby Albright, obtained a successful result for a landowner client as a result of a bench trial that was recently conducted in Saginaw County Circuit Court. The Fraser client had been sued under a claim that they were improperly discharging storm water from their agricultural property, on to the neighbor’s property. The claim was filed after the client installed an underground drain tile to replace an open ditch that essentially ran through the middle of the client’s farm field. The neighbor sought to have the Court order removal of the drain tile and also sought damages, in excess of $50,000, for erosion the neighbor claimed had been caused by the drain tile installed by the client. During the trial, and with the help of an expert witness, Attorney Albright was able to establish that the drain tile installed by the client did not increase the volume or velocity of the water being discharged from the client’s parcel on to the neighbor’s land. After hearing all the evidence, the Court dismissed the neighbor’s complaint, with prejudice, and entered a judgment in the client’s favor, that included a provision that the client could seek reimbursement of taxable costs from the neighbor.

View All News