Graybill v. Providence Township

I dissent from the majority decision to the extent it reverses the trial court and holds that Graybill’s claims against the Findleys and the Township which accrued in 1983 are not barred by the two-year statute of limitations. The essential issue here is whether development of the Findleys’ lot by 1983 without provision for proper drainage of surface water as alleged, effected a permanent physical change in the condition of Graybill’s land or whether the injuries sustained by Graybill can be characterized as separate and recurrent to support a continuing trespass theory. To reverse the trial…