Anderson v. American Limestone Co., Inc.

OPINION

HOWELL N. PEOPLES, Sp. J.,

delivered the opinion of the court in which

HERSCHEL P. FRANKS, P.J. and D. MICHAEL SWINEY, J„ joined.

Appellants appeal (1) a jury determination that a rock quarry, an asphalt plant, and trucking activities did not create a nuisance and (2) the allowance of discretionary costs. We affirm.

Appellants filed their complaint in this matter on October 4, 2001 alleging that American Limestone Company, Inc. (“American Limestone”) created a temporary nuisance in the operation of a rock quarry near Appellants’ property because of blasting noise, noise from the operation,…