Robinson v. Nordquist

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dismissing trespass and nuisance claims as time-barred and construing the provisions of express easements, holding that the circuit court erred in granting Defendants' plea in bar as to Plaintiff's trespass and nuisance claims based on the statute of limitations and erred in construing some provisions of express easements.Plaintiff filed a complaint against Defendants, her neighbors, alleging that Defendants installed an underground sprinkler system that caused damaging encroachments of water to her property and that Defendants violated her rights under two express easements. The circuit court held that the trespass and nuisance claims were barred by the five-year statute limitations and construed the easements, entering an order in accordance with its rulings. The Supreme Court held (1) the trial court erroneously granted Defendants' plea in bar on the basis of improper factual findings; (2) the circuit court erred by construing some terms in the express easements but did not err by construing others; and (3) the circuit court did not abuse its discretion by denying Plaintiff's petition for a rule to show cause. View "Robinson v. Nordquist" on Justia Law