Link to PDF file
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.