Wood v. American Aggregates Corp.

Plaintiffs-appellants, French D. Wood, Sr., and Ruth Wood, appeal the trial court's judgment sustaining defendant-appellee American Aggregates Corporation's motion for summary judgment and assert the following assignments of error:

"ASSIGNMENT OF ERROR NO. 1

"A. The trial court erred in granting summary judgment to defendant-appellee in that defendant-appellee is guilty of a continuing nuisance which is governed by a twenty-one (21) year statute of limitations.

"B. Plaintiffs-appellants claims against defendant-appellee American Aggregates cannot be barred by an application of a non-retroactive…