United States Eighth Circuit

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Rogers Group, Inc. v. Fayetteville, 09-3915

In an action seeking to prevent the enforcement of a city's ordinance regulating rock quarries in or near the city's corporate limits, a preliminary injunction in favor of plaintiffs is affirmed where 1) the city's statutory authority extended one mile beyond its corporate limits but only to abate a nuisance, and the quarry was not a nuisance per se under Arkansas law; and 2) plaintiffs established a likelihood of irreparable harm because any customers the quarry lost, if and when the ordinance went into effect, would be unlikely to return once the ordinance's restrictions are lifted.

Appellate Information

  • Decided 12/27/2010
  • Published 12/27/2010

Judges

  • Lavenski B. Smith

Court

  • United States Eighth Circuit

Counsel