Hendricks v. Stalnaker

380 S.E.2d 198 (1989)

Facts

Hendricks (P) owned land next to Stalnaker (D). P wanted to install a septic system, and D wanted to install a well. Local regulations required that any of those systems be apart by at least 100 feet. The location and shape of both P and D property mitigated one from getting what he wanted as mutual installations would be within the 100-foot limit. D got approval first and built his well precluding P from installing his septic system. P sued D for nuisance.