"The characterization of a nuisance is a question of fact. In this case, the fact is material because it “must be decided in order to resolve the substantive claim or defense at which the motion [for summary judgment] is directed.” Therefore, the Appellees would need to conclusively establish that the alleged nuisance is permanent. In their affidavit and statement of undisputed facts, however, the Appellees did not present any evidence on this issue. Instead, the Appellees only presented evidence to establish a time line of construction. This time line establishes
the statute of limitations defense only if the nuisance is permanent." Id.