Broadbent v. Allison

STEELMAN, Judge.

We affirm the verdict of the jury finding the operation of defendants’ airport constituted a private nuisance. We reverse and remand for a new trial on damages. We further vacate the judgment of the trial court denying plaintiffs’ motion for a permanent injunction and granting defendants an avigation easement, and remand for a new hearing on these issues.

Plaintiffs purchased fifty-eight acres of land in rural Transylvania County in April of 1994. In May of 1996, plaintiffs moved into the house they had constructed on the property. Defendants purchased an adjacent property in…