(dissenting):
I would reverse. Regarding the Statute of Limitations, there was testimony by one of respondent Anderson County’s witnesses that a metal pipe was installed “6 to 7 years ago” and that the enlarged concrete pipe was installed *538within a year later. The installation of the metal pipe was an attempt to divert the water from appellant’s property. However, the metal pipe was insufficient and the larger concrete pipe was installed. This was an apparent cause of appellant’s problems and there were several questions of fact about the roles of the parties surrounding the circumstances. Viewing all inferences most favorable to the appellant, the record reveals the concrete pipe was installed approximately five years before the complaint was filed.
Also, our Supreme Court has established the rule concerning continuing and abatable nuisances. In McCurley v. South Carolina State Highway Dept., 256 S. C. 332, 182 S. E. (2d) 299 (1971), the South Carolina Supreme Court set forth the following rule of law:
If the injury to neighboring lands is caused by negligence, or if the cause is abatable, then there arises a continuing cause of action, and while limitations begin to run at the occurrence of the first actual damage, the landowner may at any time recover for injury to his land which occurred within the statutory period.
Summary judgment should be granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as matter of law. In ruling on a motion for summary judgment, the evidence and the inferences which can be drawn therefrom should be viewed in the light most favorable to the non-moving party. Davis v. Piedmont Engineers, Architects and Planners, P.A., 284 S. C. 20, 324 S. E. (2d) 325 (Ct. App. 1984).
I would hold this is not a proper case of summary judgment and would reverse and remand for trial.