Legal Opinion

Hoffman v. Vulcan Materials Co.

District Court, M.D. North Carolina

Decided December 21, 1999No. 198CV00152PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ELIASON, United States Magistrate Judge.

This case comes before the Court on defendant’s motion for summary judgment. That motion has been fully briefed by both parties and is ready for decision.

Facts

On February 9, 1998, plaintiffs, who are property owners, filed a complaint in state court in Richmond County, North Carolina. The complaint alleges that defendant has and is committing nuisance and trespass against them through its operation of a quarry near their homes. 1 The quarrying process allegedly creates excessive dust, flying rocks, noise, and blasting shocks.…

2Cases cited27 opinions

  1. Donald R. MITCHELL, Plaintiff-Appellant, v. DATA GENERAL CORPORATION, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1993
  2. Robert Pachaly, Jr. v. City of Lynchburg R.D. Viar William G. Petty, and Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 1990
  3. McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
  4. Loe Et Ux v. LenhardOregon Supreme Court · 1961
  5. Burris Chemical, Incorporated v. Usx Corporation, Burris Chemical, Incorporated v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1993

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3Cited by3 opinions

  1. Spirax Sarco, Inc. v. SSI Engineering, Inc.District Court, E.D. North Carolina · 2015
  2. Darney Ex Rel. K.D. v. Dragon Products Co.District Court, D. Maine · 2009
  3. Matiella v. Murdock Street LLCDistrict Court, District of Columbia · 2025

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