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RADCLIFF HOMES, INC. v. JACKSON

Nos. 87-CA-2183-MR, 87-CA-2370-MR.

766 S.W.2d 63 (1989)

RADCLIFF HOMES, INC., Appellant, v. Eddie JACKSON and Carol Jackson, John R. Stellwagen and Marilyn Edith Stellwagen, Charles Parks and Pamela Parks, John Drexler and Drexler Mechanical Enterprises, Inc., and INA Underwriters Insurance Company, Appellees. Eddie JACKSON and Carol Jackson, Appellants, v. John R. STELLWAGEN and Marilyn Edith Stellwagen, Charles Parks and Pamela Parks, John Drexler, Drexler Mechanical Enterprises, Inc., INA Underwriters Insurance Company, and Radcliff Homes, Inc., Appellees.

Court of Appeals of Kentucky.

February 24, 1989.

Attorney(s) appearing for the Case

Donald E. Skeeters, Skeeters & Bennett, Radcliff, for Radcliff Homes.

Douglas E. Miller, Miller & Durham, Radcliff, for Stellwagens.

Nicholas L. Pearl, Pearl, Musselwhite & Wheatley, Radcliff, for Drexler & Drexler Mechanical Enterprises.

John J. Scott, Whitlow & Scott, Elizabethtown, for Jacksons.

David VanZant, Huddleston & VanZant, Elizabethtown, for Parkses.

Gary D. Garrison, Ewen, MacKenzie & Peden, Louisville, for INA Underwriters.

Before HOWERTON, C.J., McDONALD, J., and WHITE, Special Judge.

McDONALD, Judge.

This case originated as a nuisance action in the Hardin Circuit Court. The plaintiffs, John and Marilyn Stellwagen, appellees herein, were the owners of a house in Radcliff, Kentucky. Across a cul-de-sac from them lived defendants Eddie and Carol Jackson, who had purchased their home from the original owners, Charles and Pamela Parks. Both the Stellwagens' and the Jacksons' homes were built by defendant Radcliff Homes, Inc. (Radcliff). The septic...

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