Connie Yates, Rick Yates, Jason Tibbs, and Pauline Tibbs v. Levi Wayne Kemp

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Connie Yates, Richard Yates, Jason Tibbs, and Pauline Tibbs appeal the trial court’s grant of partial summary judgment to Levi Wayne Kemp. We reverse and remand.

ISSUE

The Yateses and Tibbses raise one issue, which we restate as: whether the trial court erred by granting Kemp’s motion for summary judgment as to their claims for nuisance.

FACTS AND PROCEDURAL HISTORY

The parties are neighbors on Thorn Road in rural Marshall County. The Yateses and Tibbses own contiguous properties on the west side of Thorn Road, and Kemp owns land across the road…