Legal Opinion
Associated Contractors Stone Co. v. Pewee Valley Sanitarium & Hospital
Court of Appeals of Kentucky (pre-1976)
Decided March 15, 1963PublishedCited by 8 opinions
1Opinion of the Court
PALMORE, Judge.
The question before us in this injunction case is whether the chancellor’s finding (in substance and effect) that a rock quarry would necessarily result in unreasonable interference with the use and enjoyment of other property in its vicinity, and thereby constitute a nuisance, was “clearly erroneous.” CR 52.01; Curry v. Farmers Livestock Market, Ky.1961, 343 S.W.2d 134, 138.
To sustain an anticipatory injunction against a threatened nuisance there must be sufficient evidence “that a nuisance necessarily would result from the activity.” Harman v. Allen, Ky.1956, 297 S.W.2d 59,…
2Cases cited8 opinions
- Louisville Refining Company v. MuddCourt of Appeals of Kentucky (pre-1976) · 1960
- Bartman v. ShobeCourt of Appeals of Kentucky (pre-1976) · 1962
- City of Somerset v. SearsCourt of Appeals of Kentucky · 1950
- City of Somerset v. SearsCourt of Appeals of Kentucky (pre-1976) · 1950
- Curry v. Farmers Livestock MarketCourt of Appeals of Kentucky (pre-1976) · 1961
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lynn Mining Co. v. KellyCourt of Appeals of Kentucky (pre-1976) · 1965
- Louisville and Jefferson County Air Bd. v. PorterCourt of Appeals of Kentucky (pre-1976) · 1965
- Finley v. Teeter Stone, Inc.Court of Appeals of Maryland · 1968
- Commonwealth, Department of Highways v. CochraneCourt of Appeals of Kentucky (pre-1976) · 1965
- Wolf Creek Collieries Company v. DavisCourt of Appeals of Kentucky (pre-1976) · 1969
3 more not listed; retrieve them via the Exa API.