Smith v. Fulkroad

MONTEMURO, Judge:

This case concerns an equity matter in which the appellants, owners of farm property, are contesting but a single principal issue: 1 may the appellees, operators of a sanitary landfill, continue to use what was formerly a country lane located near appellants’ farmhouse as a heavily-used access road for a daily parade of trucks hauling sixty tons of refuse onto a neighboring property?

It is apparent upon review of the record that the appellants have abandoned the argument that the use of the property as a landfill is improper. The evidence that the appellees correctly…