MacArtor v. The Graylyn Crest III Swim Club, Inc.
Delaware Court of Chancery
187 A.2d 417 (1963)
Relevant factsFree
Frank MacArtor (plaintiff) drew residential water from a shallow four-foot well, while The Graylyn Crest II Swim Club, Inc. (Graylyn) (defendant), renting property across the street, dug a 200-foot well to fill its swimming pool over roughly three weeks; during that pumping period, MacArtor's water level fell below his well's intake pipe, rendering his water unusable, even though a nearby third party's 14-foot well remained functional throughout. MacArtor sued to enjoin Graylyn's use of the common groundwater.
IssueFree
Whether a landowner is entitled to relief if the landowner's use of groundwater under his property is impaired by a neighbor's unreasonable use of common groundwater.