John Larkin, Inc. v. Marceau

¶ 1. Real estate developers, who sued a neighboring landowner for trespass based on the neighbor’s spraying of pesticides in his apple orchard, appeal the superior court’s decision rejecting their trespass theory. Because the developers failed to make a showing sufficient to survive the neighbor’s motion for summary judgment, we affirm the court’s judgment in favor of the neighbor.

¶ 2. Plaintiffs John Larkin, Inc. and Larkin Family Partnership (Larkin) own undeveloped land adjoining that of defendant J. Edward Marceau, Jr., who operates an apple orchard on his property. Larkin purchased the…