Braham v. Fuller

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

This case presents the question of what standard for liability applies where a landowner’s activities on his land cause permafrost to melt and flood adjacent property. The trial court held that the “reasonable use” standard, previously applied by this court where damage to another’s property is caused by interference with surface waters, also applies where the damage is caused by melting permafrost, and granted summary judgment in favor of the defendants. We agree that the reasonable use standard applies. We hold, however, that the grant of summary…