In Smilie v. Taft Stadium Board Of Control, 1949 OK 42, 201 Okla. 303, the Supreme Court distinguished between a nuisance per se and a nuisance in fact. It being conceded that the operation of the race track was not a nuisance per se, the question on appeal was whether the trial court's determination, on the basis of conflicting evidence, that the home owners had failed to prove that the noise produced by race track operations during a limited time period constituted a nuisance was against the weight of the evidence. The Supreme Court concluded it was not and affirmed the trial court's denial of an injunction. Smilie shows that summary judgment on the nuisance issue in this case was improper because the nature and affect of UMA's operations and associated truck traffic is disputed.