Waldrop v. Town of Brevard

If it be conceded that the normal operation of the defendant’s garbage dump in a reasonably careful and prudent manner consti tutes a nuisance, in our opinion these plaintiffs are estopped from asserting any claim for damages or for other relief by reason thereof, in view of the grant and covenants contained in the conveyance from I. F. Ship-man and wife to the Town of Brevard.

It was stated in the conveyance to the Town of Brevard, that the property was to be used as a garbage dump, and I. F. Shipman and wife expressly granted to it the right, without limit as to time and quantity, to use the…