Graves v. Diehl

OPINION

LEE, Justice.

This is an appeal from a summary judgment granted in favor of Ronald and Constance Diehl (“the Diehls”) in a nuisance suit brought by Robert and Barbara Graves (“the Graves”). In four points of error 1 the Graves challenge the trial court’s order granting summary judgment in favor of the Diehls. We reverse and remand.

The Graves and the Diehls live across the street from each other in a fairly rural area near Santa Fe, Texas. In 1994, the Diehls constructed an unpaved airstrip on their property. Ronald Diehl, an amateur pilot, uses the strip, and according to the Graves,…