Strong v. Atlas Hydraulics, Inc.
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Atlas Hydraulics, Inc. constructed an addition to its manufacturing plant on the side of its existing building that abutted residential property owned by Sherri Strong. After years of enduring water flow from the Atlas property onto her property, Strong sued Atlas for nuisance, negligence, and negligence per se and also filed a motion for preliminary and permanent injunctions. The circuit court granted both the preliminary and permanent injunctions prohibiting Atlas from allowing surface water to uncontrollably discharge onto Strong’s property in a manner that would threaten Strong’s property and residential structure. The Supreme Court affirmed, holding primarily that the circuit court did not misapply the relevant statutes and case law in granting an injunction regarding ground water nuisance.
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