The Pennsylvania Superior Court affirmed the permanent injunction against Millstone from discharging rainwater/runoff onto the Morgans’ property. The Morgans filed a civil complaint in which they presented a claim of continuing nuisance and a claim for ongoing trespass against Millstone. They sought monetary damages, as well “as a permanent injunction against Millstone enjoining it from draining water from its property into a sluice pipe”. The trial court ruled in favor of the Morgans, and Millstone appealed. The Superior Court affirmed. First, the Court ruled that it had jurisdiction under Pa.R.A.P. 311(a)(4)(ii), though Millstone did not file post-sentence motions. As to the merits, the Court concluded that laches did not apply because the Morgans’ claim for injunctive relief was for a continuing trespass and nuisance. And 1.) the trial court did not abuse its discretion in concluding the defenses of excuse, de jure authority, and implied license did not bar the Morgans’ claim for injunctive relief; 2.) the trial court did not err in concluding that Millstone’s affirmative defenses of equitable estoppel and implied waiver did not bar the Morgans’ claim for injunctive relief; and 3.) the trial court’s analysis was sufficient for its grant of permanent injunctive relief.
