say don't do any more work until we authorize it or stop this work nothing was done by victor township drainage district commissioners until they file the lawsuit in september after all the work was based on tax parcel number of the entire parcel number for one the family farm was contained and that the actual man that was approved did not take pm by the legal description of all the property so when he went victor meeting he fully believed he was in their district showed him what he wanted to do and said ok text on this i'm part of it and again no one ever got back to tell efter the work was done yes it is and of course that's what are here because we disagree with the court's finding very respectfully judge mcadams primarily did criminal work during his presidency career really made use of a student elevation the stopover waiver unless they do a positive fit here we think they did three positive beds they requested dean mundine to come to a meeting he freely when told them everything they were doing s enjoyed each district had approved the work and he did he's never hidden the fact that his family paid for this particular line because the other owners in the district said the other work you're doing cleanup is fine this one benefits your family you pay for it the second thing they did was come out to the proper twice look at it and do nothing after seeing him or his contractor doing the work and the other thing they did was the letter that was sent to somebody that in a small farming even this matter or honors the trial for took the time to listen to the testimony took the time to visit the site took the time to draw a map carefully setting out the palm trees that are in this somewhat confusing patchwork by way of analogy the reason i believe in this is this position exists is municipalities often are subject to the possibility that their proportional non action could be held against their is a defense i think i practice in municipal detrimentally relied on that they don't have to clean up their property here in the situation was very clear another trucker did focus on is the fact that there are court proceedings in europe for procedures there are part of each of these types of actions involved range districts had because acting through its commissioners made those commissioners have an obligation under section four fourteen of the drainage go to protect their property and here that is in addition to downstream owners mr one means intrusion trial were found to good husbandry exception was not appropriate both because mr on the strength is not dominant to the victor dish but also because of the general course of natural drainage the flow talk to him over there and then the kicker is several weeks later an open means that notices are only seventy two hours they're not a week or two weeks or seventy two hours several weeks later mr stokley knows where he lives commercial or subdivision trying to discharge water either onto a farmer bordering just through one of the other the once you hit downstate that were brought up or almost universally not developer wants but were  or don't want to pay anything more i don't want to unmount there is a senior with the drainage district is doing there isn't any other cases other that temple to be that deal strictly with a good husband rule the right to use it knew that from the transcript or that the bottom of that depressed area was seven thirty in the bottom of the digit victor was seven twenty one and he knew the dish the other way was flat it was seven thirty plus you get a wall over the