Graham v. Pirkey

OPINION

BEA ANN SMITH, Justice.

Jean Graham sued Louis Pirkey for damages stemming from nuisance, trespass, and the unlawful diversion of water onto her property. Pirkey moved for summary judgment alleging that Graham’s claims were barred by the statute of limitations. The district court granted Pir- key’s motion and dismissed all of Graham’s claims. Because we hold that issues of material fact exist as to some of Graham’s claims, we affirm the summary judgment in part and reverse and remand in part for further proceedings.

BACKGROUND

Graham and Pirkey are neighbors whose homes are situated on…