Appeals panel questions whether Trigg precedent shields drainage work in Necker v. Bernhardt
Attorneys argued on appeal whether the Trigg rule—allowing hastening of water without liability if the water returns to its natural discharge—applies to repair work and ditches in a swale; the panel pressed whether digging ditches inherently alters the natural flow and increases sedimentation.
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Attorney Jeff Wykell, representing appellants Stan Bernhardt and Craig Bernhardt, told the court the North Lot dispute turns on the Trigg decision and that the trial court erred in applying different law to the swale and drainage work. "The Trigg decision is important for 2 significant..." Wykell told the panel, framing his argument that the water continued to discharge at the same natural point and that there was "no change in the quantity" of flow.
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