Tarpley v. Hornyak

OPINION

PATRICIA J. COTTRELL, J„

delivered the opinion of the court,

in which WILLIAM C. KOCH, JR., and WILLIAM B. CAIN, JJ., joined.

Landowners sued to abate a nuisance claiming that a concrete causeway, built over a creek by an adjoining landowner, caused water to flood their property. After hearing from one witness, the trial judge discouraged further proof and instead chose to visit the plaintiffs’ land at the next flooding. He subsequently found the causeway to be a nuisance and ordered it removed. We reverse because trial court based its decision solely on its personal observations.

I. The…