McVicars v. Christensen

SUBSTITUTE OPINION

THE OPINION OF THE COURT ISSUED DECEMBER 27, 2013 IS HEREBY WITHDRAWN.

BURDICK, Chief Justice.

This appeal arises from a Nez Perce County district court’s finding that Bret and Eddieka Christensen’s building constituted a private nuisance to John and Julie McVicars. In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic, and dust diminished the value of their property and interfered with the enjoyment of *60their…