Smith v. Phillips

We granted certiorari to review the Court of Appeals’ decision of Johnson v. Phillips, 315 S.C. 407,433 S.E. (2d) 895 (Ct. App. 1993). We affirm the holding that reinstates respondents’ (Phillips’) counterclaim, but reverse the Court of Appeals in so far as it ordered a new trial on petitioners’ (Developer’s) nuisance claims, and reversed the mandatory injunction. We remand for further proceedings on the counterclaim and the request for injunctive relief.

This is a dispute between adjoining landowners over water damage to both properties allegedly caused by the unlawful actions of the…