Seale v. Pearson

This court's no-opinion order of January 29, 1999, affirming the judgment of the trial court, is withdrawn, and this opinion is substituted therefor.

C. Dudley Pearson sued Hays Aviation, Inc., and Leon C. Seale, Jr., individually and doing business as Moundville Airport, seeking damages and injunctive relief. In his complaint, Pearson alleged claims of trespass, nuisance, negligence, wantonness, and conspiracy. All the claims related to his allegations that certain airplanes were taking off from the Moundville Airport and then flying low over his home.

Pearson and Hays Aviation, which operated…