Legal Opinion
Nottke v. Norfolk Southern Railway Co.
District Court, N.D. Ohio
Decided September 6, 2017No. Case No. 3:17CV544PublishedCited by 4 opinions
1Opinion of the Court
James G. Carr, Sr., U.S. District Judge
ORDER
This private-nuisance case arises from defendant Norfolk Southern Railway Company’s operations at its Bellevue, Ohio, rail yard.
Plaintiffs Michael Nottke and Norman Jacobs own real property adjacent to the rail yard. They allege that Norfolk Southern’s operations there create “extreme noise pollution” in the form of continuous high-pitched squeals. According to plaintiffs, the noise pollution has diminished the value of their property and caused them physical and emotional damage. They bring this suit under Ohio law for qualified and absolute…
2Cases cited15 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Reichle v. HowardsSupreme Court of the United States · 2012
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
- Brown v. Scioto Cty. Bd. of Commrs.Ohio Court of Appeals · 1993
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3Cited by4 opinions
- Nottke v. Norfolk S. Ry. Co.District Court, N.D. Ohio · 2018
- Kent Group Partners, LLC v. Citizens Bank, N.A.District Court, N.D. Ohio · 2023
- Lantz v. SmithOhio Court of Appeals · 2025
- Nagy v. Lordstown Construction Recovery, LLCDistrict Court, N.D. Ohio · 2023