R D Trucking Co., Inc. v. Carter

HOUSTON, Justice.

Is a truck terminal a nuisance at all times and under all circumstances, regardless of location or surroundings?

The defendant appeals from an order granting a permanent injunction against an anticipated nuisance, pursuant to Ala.Code 1975, § 6-5-125. The order “restrained and enjoined [R & D Trucking Company, Inc.] from any construction [on a certain] 15-acre tract of land, and restrained and enjoined [that company] from constructing any truck terminal on said rural property located on Gate 6 Road, Colbert County, Alabama.”

R & D Trucking Company, Inc. (“R & D”), purchased an…