The appellants appealed the drainage report of the Township's engineer regarding the proposed Schmid drain.
The appellants argued that the engineer improperly defined the area requiring drainage and incorrectly assessed upstream riparian owners for outlet liability.
The Drainage Referee found that the upstream owners abutted a natural watercourse and were entitled to drain into it without being assessed for outlet liability.
The appeal was allowed and the drainage report was set aside.
Despite their success, costs were awarded against the appellants due to their dilatory conduct in amending their claim at the last minute.
