Oakley v. Simmons

OPINION

CANTRELL, Judge.

The defendant, Jesse Simmons, claims that the jury erred in finding that a forty foot pole erected three hundred sixty feet from the defendant’s residence and directly in the flight path of a private airstrip on the plaintiff’s adjoining property constitutes a nuisance and that the trial court erred in granting injunctive relief.

The plaintiffs, Willard and Alan Oakley, claim that the trial court erred in setting aside the jury award of $5,000.00 in punitive damages.

Facts

The Oakleys’ and Simmons’ own adjoining land. The Oakleys have a private airstrip on their…