KMI Group, Inc., et al. v. Wade Acres, LLC, et al.

In this action to recover for property damage sustained as a result of flooding and seeking injunctive relief, the trial court held that the statutes of limitations and repose barred Plaintiffs’ claims for nuisance and negligent construction of a levee, that Plaintiffs did not prove certain elements of their claims for negligence or willful and wanton conduct, and that no civil conspiracy existed; the court granted summary judgment to Defendants. Plaintiffs appeal. Upon review, we reverse the grant of summary judgment with respect to the nuisance and negligence claims, and remand the case for further proceedings; we affirm the judgment with respect to the civil conspiracy claim.