O'TOOL v. Hathaway

461 N.W.2d 161, 1990 Iowa Sup. LEXIS 207, 1990 WL 135946
CourtSupreme Court of Iowa
DecidedSeptember 19, 1990
Docket89-1010
StatusPublished
Cited by10 cases

This text of 461 N.W.2d 161 (O'TOOL v. Hathaway) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'TOOL v. Hathaway, 461 N.W.2d 161, 1990 Iowa Sup. LEXIS 207, 1990 WL 135946 (iowa 1990).

Opinion

NEUMAN, Justice.

This controversy arose when the defendants’ soil conservation terrace suffered a break and spilled 40,000 gallons of water into the neighboring plaintiffs’ basement. On appeal from the district court’s judgment for the plaintiffs, the defendants challenge the court’s findings of liability and proximate cause. The plaintiffs cross-appeal because the trial court awarded them all their material cost but no labor expense to restore their home. The Soil Conservation Division of the Iowa Department of Agriculture and Land Stewardship appears as amicus curiae to brief its concern over the impact of the judgment on soil conservation practices in the state. We affirm on the appeal, reverse on the cross-appeal, and remand for entry of an additional judgment on plaintiffs’ claim for damages.

I. For over thirteen years plaintiffs Daryl and Sheila O’Tool have resided in a home located at the southwest corner of Hastings, Iowa. Defendants Paul and Joe Hathaway own farm ground across the road. The Hathaway farm is rolling to steep and substantially elevated above the O’Tool home.

During the summer of 1986, the Hatha-ways had constructed on their property a series of level narrow-based conservation terraces. One of those terraces, known in this litigation as “6W,” was situated above and to the south and east of the O’Tool home. When completely full, the terrace was designed to hold approximately 57,000 gallons of water. When capacity was reached, the terrace was designed to allow only the additional rainfall to drain over the top of the terrace while the rest remained pooled. This conservation device was planned and inspected by a technician employed by the Iowa Soil Conservation Service in compliance with standards established by the USDA Soil Conservation Service.

During the late evening and early morning hours of May 25-26, 1987, approximately eight inches of rain fell on Hastings. The ditches traversing the highway between the O’Tool and Hathaway properties ran high but did not overflow. At approximately 7:45 a.m., terrace 6W suffered a V-shaped break to the bottom of the terrace, ten feet wide and four feet deep. Within minutes, all the water held back by the terrace flowed out in what witnesses described as a “tidal wave” or “avalanche” of water heading for the O’Tool property.

The flood created by the terrace break collapsed the east wall of a newly constructed lower level of the O’Tools’ home and filled the entire basement with five feet of water. The O’Tools sued the Hath-aways for the resulting damage. They alleged that construction of the terrace had altered the natural flow of the water from the dominant to the servient estate thereby creating liability for the dominant landowner irrespective of any care with which the terrace had been built. The case was tried to the court.

The trial court ruled that the Hathaways’ soil conservation plan had effectively altered the natural flow of the surface water drainage by pooling the water within a level terrace. When suddenly released, the velocity of the water flow was substantially increased from the natural runoff rate. Given the elevated height of the terrace in *163 relation to the neighboring property, and the evidence that terraces routinely break for a variety of reasons, the court concluded that the terrace construction involved a foreseeable risk of harm to the servient landowner. Because of this risk, the court held that it was negligent for the Hatha-ways “to install such terraces without allowing for protection of neighboring landowners in the event said terrace burst.”

The court entered judgment for plaintiffs’ “out of pocket” cleanup and rebuilding expenses in the sum of $10,514. It denied as “too speculative,” however, any claim of labor for cleanup and construction performed by either plaintiffs or their friends and relatives. It is from this judgment that defendants appeal and plaintiffs cross-appeal.

Our review is for the correction of errors at law. Iowa R.App.P. 4.

II. Appellants take aim at both the legal and factual basis upon which the court imposed liability. Their principal contention is that the court imposed liability without fault and that the chilling effect of such a ruling will deter farmers from beneficial soil conservation practices. Were appellants’ characterization of the trial court’s ruling accurate, we would concur in its concern. We are convinced, however, that the court’s decision is grounded on well-established rules concerning drainage of surface water and neighboring landowners’ mutual duties of care.

In Rosendahl Levy v. Iowa State Highway Commission, 171 N.W.2d 530 (Iowa 1969), this court stated what is known as Iowa’s “natural flow” doctrine:

The general rule is that the dominant owner is entitled to drain surface water in a natural watercourse from his land over the servient owner’s land and if any damage results the servient owner is without remedy. This rule, however, is subject to qualification. We have many times held that if the volume of water is substantially increased or if the manner or method of drainage is substantially changed and actual damage results, the servient owner is entitled to relief.

Id. at 536; see also Iowa Code § 465.22 (1989) (immunizing landowner from liability for altering watercourse unless the drainage system “increases the quantity of water or changes the manner of discharge on the land of another”).

More recently, this court has observed that a corollary to the foregoing rule is “an overriding requirement that one must exercise ordinary care in the use of his property so as not to injure the rights of neighboring landowners.” Oak Leaf Country Club, Inc. v. Wilson, 257 N,W.2d 739, 745 (Iowa 1977). Oak Leaf involved a claim that the straightening of a meandering stream had accelerated the flow of the. water course to a neighbor’s injury. Citing Rosendahl, we noted that cases of this type depend largely on their individual facts and that determinations of liability turn on the reasonableness of the changes effected under all the circumstances. Oak Leaf, 257 N.W.2d at 745-46.

With these principles in mind, we turn to appellants’ argument. First, they claim that no liability can be imposed based on violation of the “natural flow” doctrine because the terraces are not designed to divert or increase the flow of water. Appellants fail to recognize, however, that liability also exists if (1) the manner or method of drainage is substantially changed and (2) actual damage results. Rosendahl, 171 N.W.2d at 536. Both criteria are met in this case.

Appellants’ own expert from the Soil Conversation Service (SCS) testified that terracing substantially changes the manner and method of surface water drainage. Terraces intercept the flow of water, a delay which allows rainfall to percolate into the soil instead of washing down the hill. The SCS technician also testified that terraces either markedly reduce or completely eliminate runoff.

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Cite This Page — Counsel Stack

Bluebook (online)
461 N.W.2d 161, 1990 Iowa Sup. LEXIS 207, 1990 WL 135946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otool-v-hathaway-iowa-1990.