Hall v. Phillips

As owners of Morrill County cropland and a damaged bean crop, George and Jeanette Hall filed suit against Gary Phillips and alleged that Phillips’ tortious conduct constituted a private nuisance which interfered with Halls’ use and enjoyment of their land. According to Halls, the private nuisance resulted from Phillips’ application of the herbicide Atrazine to the corn crop planted on his tract adjacent to Halls’ land and windblown soil from Phillips’ tract, containing the applied Atrazine, which fell on Halls’ land where their bean crop was planted. From a summary judgment and dismissal of…