Martin v. Artis

¶1 Wilbur Martin (Martin) appeals from the order of the Fourth Judicial District Court dismissing his complaint asserting nuisance and trespass against Keith and Gloria Artis (Artises), for failing to state a claim upon which relief can be granted. We affirm in part, reverse in part, and remand for further proceedings. We address the following issue:

¶2 Did the District Court err by dismissing the complaint for failing to state a claim upon which relief could be granted ?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Martin filed a complaint and demand for jury trial against Artises in August 2010. These…