Browning, et al. v. Hale, et al. (dissenting)

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No. 32672 Ulrika Browning, et al. v. Judith Halle, et al. Starcher, J., dissenting: FILED December 15, 2005 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA 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.

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