Harper v. Summit County

I concur in the main opinion as to (1) the nuisance per se analysis found in part I.B.; (2) part H.A., affirming Judge Brian’s denial of plaintiffs’ motion to file a third amended complaint; and (3) part II.C., which affirms Judge Iwasaki’s protective order, affirms Judge Noel’s order allowing the jury to view the Utelite facility, rejects plaintiffs’ attack on Judge Noel’s adoption of findings of fact and conclusions of law on equitable relief prepared by Utelite, and affirms plaintiffs’ other arguments on cross-appeal because they are either meritless or disposed of based on the results on…