Owns quarry in an outer suburb known as quarryside

Assignment Help Operation Management

Reference no: EM132120169

Deep Quarries, Inc. owns a quarry in an outer suburb known as Quarryside. The quarry has been there for almost one hundred years. When it was first set up, it was far away from the city, but the outer suburbs of the city have now spread out to it and beyond. Quarryside is an expensive neighborhood, made up of homes set in secluded woodland surroundings.

In the early part of the 20th century, the quarry was very busy, but the increased use of brick and concrete as construction materials has produced a decline in demand for stone from the quarry. For many years, Deep Quarries’ principal business has been cutting and polishing small, high-quality pieces of stone for use in graveyards. It conducted this business without complaint from its increasing number of new neighbors.

Recently, Deep Quarries won a new contract, to provide large boulders to be used in making a breakwater at a yacht club. Work now begins at 7 a.m. each morning. Once a week, explosives are used at regular intervals throughout the day to cut stone from the quarry. Every working day, large trucks carry boulders out of the quarry in a steady stream from 7 a.m. until 7 p.m. The noise and dust from the work can be heard and felt throughout the suburb of Quarryside.

Piers lives next to the quarry. He has sued Deep Quarries, seeking an injunction restraining the new use of the quarry. He says that his use and enjoyment of his property has been disturbed by the noise and dust from the quarry. He has also sued for money damages because of damage caused to his home as a result of the blast vibrations. He claims that tiles have fallen from the roof of his house and that windows have been cracked by the blasts.

You are a paralegal employed by the law firm representing Deep Quarries. You have been asked to draft an opinion regarding the potential of the court granting an injunction and regarding the possibility of money damages. Your opinion should address both the torts of trespass and nuisance.

Please use WestlawNext to locate the following cases and incorporate them into your opinion:

Wilson v. Interlake Steel Co., 32 Cal. 3d 229, 649 P.2d 922 (1982)

Bradley v. Am. Smelting & Ref. Co., 104 Wash. 2d 677, 709 P.2d 782 (1985)

Reference no: EM132120169

Questions Cloud

Order to fortify your organization’s mission : What type of organization would you partner with in order to fortify your organization’s mission?

Nyman models of the demand for health insurance : Describe and contrast the conventional and Nyman models of the demand for health insurance?

Explain legal positions-legal obligations of each of parties : Explain the legal positions and legal obligations of each of the parties.

What is the difference between leadership and management : What is the difference between leadership and management? Outline and describe the key characteristics of each

Owns quarry in an outer suburb known as quarryside : Deep Quarries, Inc. owns a quarry in an outer suburb known as Quarryside. The quarry has been there for almost one hundred years.

Present the arguments on both sides of the debate : Present the arguments on both sides of the debate and then discuss the pros and cons of making English the official language of the United States.

Supermarkets use both cashiers and baggers to serve customer : Food Goblin Supermarkets use both cashiers and baggers to serve customers at check out.

What are the different types of sales structures : What type of plan can be create to develop a successful sales team? What are the different types of sales structures?

Some common methods for motivating and rewarding salespeople : What are some common methods for motivating and rewarding salespeople? Which style of leadership is better and why?

User Account

All Pages