This section contains the nature of the case and procedural background.

The Town of Brevard (D) purchased five acres of land located in the middle of a 120-acre tract owned by the Shipmans. At the time D purchased the land, there were only two families living on the Shipmans' tract. The deed between D and the Shipmans also granted a right of way to D's land, and the right to maintain a road on it. The deed recited that D was purchasing the land for use as a garbage dump, and contained a covenant allowing the use. After the conveyance to D, the Shipmans began selling other portions of the tract for residential purposes. Waldrop (P) purchased a lot and a house located approximately 300 yards from the dump. The trial court granted D's motion for nonsuit at the close of evidence. P appeals.

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