Cline v. American Aggregates Corp.
Supreme Court of Ohio
474 N.E.2d 324 (1984)
- Written by Patrick Busch, JD
Facts
American Aggregates Corporation (defendant) extracted limestone from a quarry. This entailed pumping groundwater from an aquifer that underlies its quarry. Twenty-six landowners of nearby properties (plaintiffs) brought suit against American Aggregates. The aquifer also lied beneath their properties, and their domestic water supplies came from wells that drew from the aquifer. They allege that American Aggregates’ limestone extraction unreasonably caused their wells to become dewatered and polluted. The trial court dismissed the suit, because Ohio common law did not recognize a cause of action for damages to a landowner caused by a neighbor’s use of underground percolating water. The court of appeals affirmed the dismissal, but suggested that the common law ought to be reconsidered by the state supreme court.
Rule of Law
Issue
Holding and Reasoning (Celebrezze, J.)
Concurrence (Holmes, J.)
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