Clark v. Asheville Contracting Co., Inc.

MITCHELL, Justice.

The questions presented for discretionary review arise from sixteen separate civil actions, consolidated for purposes of trial and appeal, brought by property owners in the City of Asheville as a result of the disposal of waste materials from the Beau-catcher Mountain Highway Project. The defendants are the Department of Transportation [hereinafter “DOT”], Asheville Contracting Company, Inc. [hereinafter “Company”] and its president, Baxter H. Taylor. The plaintiffs are owners of real property in Mountainbrook, a subdivision in Asheville.

The plaintiffs brought actions…