That such unsightliness adversely affects the value of plaintiff's land does, however. Furthermore, regarding the diversion of water onto plaintiff's land, plaintiff's petition sufficiently pleads an exception to the modified common enemy doctrine. Hansen v. Gary Naugle Const. Plaintiff's petition does not specifically allege the debris, fill area, and tie wall caused surface water runoff to circumvent or exceed the capacity of its natural drainway. Giving the averments their broadest intendment, however, we think they suffice.
Defendant raises two new arguments on appeal.
The record reflects plaintiff's stipulation that the majority of the tie wall was removed in 1998 while the remainder was removed in 1999. A case is moot where an event has occurred which makes the court's decision unnecessary or makes it impossible for the court to grant the effectual relief. State ex rel. County of Jackson v. Missouri Public Svc. Moot cases should generally be dismissed, as the circuit court lacks subject matter jurisdiction.