Brent Ray v. Thomas Neff

Syllabus

Plaintiffs/Appellants sued Defendants/Appellees for nuisance and trespass claims over a dispute in the change of water flow onto Appellants' property due to modifications, namely the installation of a pipe, on Appellees' property. Appellants voluntarily non-suited the case twice, and ultimately filed the instant complaint almost five years after the filing of their original complaint. Appellees moved for summary judgment on both claims. In a three-part ruling spanning thirteen months, the trial court granted summary judgment and determined (1) that the pipe was a permanent nuisance and, therefore, any nuisance claim was time-barred (2) that the trespass was a permanent trespass and, again, time-barred and (3) that Appellants could not establish causation as to the trespass claim. We affirm the decision of the trial court granting summary judgment.