Richard Herring of Herring Chiropractic Clinic v. Lisbon Partners Credit Fund, Ltd.

VANDE WALLE, Chief Justice.

[¶ 1] Richard Herring appealed from a district court summary judgment dismissing his action against Lisbon Partners Credit Fund, Ltd. Partnership (“Lisbon Partners”) and Five Star Services (“Five Star”) for nuisance, negligence, and civil trespass. We reverse and remand, concluding the district court erred in finding Lisbon Partners and Five Star owed no duty to Herring to prevent damage caused by encroachment of branches from their tree onto Herring’s neighboring property.

I

[¶ 2] Herring owns a commercial building in Lisbon housing his chiropractic practice. The…