Dodge County, District Court Judge Geoffrey C. Hall
Attorney for Appellant: David A. Domina, S. Ryan Greenwood (Domina Law Group, PC, LLO)
Attorney for Appellee: Robert S. Keith, Kristina J. Kamler (Engles, Ketcham, Olson & Keith, P.C.)
Civil Action: The appellant, whose home is across the street from the appellee’s cement mixing plant, filed a nuisance and trespass against the appellee.
Action Taken by Trial Court: The district court sustained the appellee’s motion for summary judgment and dismissed the case.
Assignments of Error on Appeal: The appellant contends that the district court erred in sustaining the appellee’s motion for summary judgment due to the following: (1) the court erred in concluding that expert testimony was required to prove the appellant’s claim for private nuisance and trespass; (2) the court applied an incorrect standard of proof; and (3) genuine issues of material fact exist precluding summary judgment.