Hofstetter v. George M. Myers, Inc.

The opinion of the court was delivered by

Price, J.:

This is an appeal from a judgment of the lower court granting a permanent injunction enjoining the defendant from operating a portable hot asphalt mixing plant under certain conditions, hereinafter set forth.

Plaintiffs are homeowners and have resided for a number of years in a residential area a little northeast of the city of El Dorado. In June, 1948, the defendant set up and put into operation a portable asphalt mixing plant on property owned by the Missouri Pacific Railroad Company, which it had leased for such purpose. The plant is…