Milligan v. General Oil Co. Inc.

Jack Holt, Jr., Chief Justice.

At issue in this action is whether the appellee’s above ground gasoline storage tanks constitute a nuisance.

Appellee General Oil Company, Inc. (“General Oil”) operates a convenience store/gasoline service station, in a predominantly commercial location approximately five miles south of Batesville. The business fronts on the east side of Highway U.S. 167 in the community of Southside. There are several fuel pumps placed in front of the store and four above ground gasoline storage tanks with a total capacity of 21,000 gallons located approximately fifty-seven feet…