Browning v. Halle

STARCHER, J.,

dissenting.

(Filed Dec. 15, 2005)

I dissent because I believe the trial court had sufficient conflicting evidence on the issues in the instant ease to preclude a grant of summary judgment on the issue of nuisance. I note that the appellants are not precluded from filing a new nuisance action in the event that they believe that their upstream neighbors continue to pollute the stream.