Atkinson v. City of Pierre

[¶ 40.] I respectfully dissent because the majority opinion fails to consider the relevant facts of the nuisance action and avoids the plain meaning of the word “manufacture” resulting in numerous mistakes and a wrongly decided opinion.

One is subject to liability for a private nuisance if, but only if, his conduct is a legal cause of an invasion of another’s interest in the private use and enjoyment of land, and the invasion is either(a) intentional and unreasonable, or(b) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for…