Chatham v. Clark Laundry, Inc.

Clark, Judge.

This appeal involves a damage suit for trespass to land. Plaintiff appeals from an order granting defendant’s motion for summary judgment.

1. Where a prior landowner has committed trespass on adjoining land, can a suit for damages for such trespass be brought against the present owner? The trespass here consisted of excess fill dirt which extends onto the plaintiff’s property from a landfill placed on defendant’s property by a prior owner. Such fill dirt was deposited on plaintiff’s land from 1961 to 1963 by the prior owner and plaintiff knew of the spillover of excess dirt onto…