Sholberg v. Truman

I concur with the majority that defendants Robert and Marilyn Truman are entitled to dismissal because they are not liable for the nuisance at issue. I write separately because I disagree that this case can be decided as a matter of law on the issue of defendants’ control over the land from which the nuisance arose. But I would reach the same result because I believe that defendants’ lack of knowledge of the nuisance provides an alternative basis for dismissal.

In our order directing oral argument on defendants’ application for leave to appeal, this Court directed the parties to address…