Atkins v. Six C Properties, L.L.C.

hThe plaintiff owns a 10-acre rural tract of land completely surrounded by the property of defendant. When the defendant erected an 8-foot fence surrounding plaintiffs property, plaintiff instituted suit seeking to have the fence declared a nuisance and requiring its removal. The trial judge ruled in favor of plaintiff on the issue of nuisance and ordered the fence removed. This appeal by defendant ensued. For the following reasons, we reverse the trial court’s finding of nuisance. Nevertheless, we remand the case since the trial court’s ruling did not completely adjudicate the landowners’…