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No. 32672      -    Ulrika Browning, et al. v. Judith Halle, et al.

Starcher, J., dissenting:
                              

            I dissent because I believe the trial court had sufficient conflicting evidence on the issues in the instant case 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.