Flynn v. Hurley Enterprises, Inc.

CROTHERS, Justice.

[¶ 1] Arlen and Beverly Flynn appeal from a judgment entered on a jury verdict dismissing their action against Hurley Enterprises, Inc., for maintaining a public or private nuisance near their McKenzie County property. The district court erred in allowing the introduction of evidence concerning the reputation and good deeds of Vess Hurley and Hurley Enterprises and erred in instructing the jury. Those errors affected the Flynns’ substantial rights. We reverse the judgment and remand for a new trial.

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[¶ 2] Since 1999, the Flynns have resided on property they owned in East…