Carpenter v. Double R Cattle Co., Inc.

ON REHEARING

This opinion supersedes the Court’s prior opinion issued on August 31, 1982, which is withdrawn.

BURNETT, Judge.

Dean William Prosser once observed, “There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word ‘nuisance’.” W. PROS-SER, HANDBOOK OF THE LAW OF TORTS, § 86, at 571 (4th ed. 1971). Today we review a case that has thrust us into the jungle of nuisance law. We are asked to define the legal test for determining whether an intended use of property, which incidentally produces adverse effects upon neighboring properties, constitutes a…