FRANK v. ENVIRONMENTAL SANITATION MANAGEMENT

No. 66244.

687 S.W.2d 876 (1985)

Andrew FRANK, et al., Respondents, v. ENVIRONMENTAL SANITATION MANAGEMENT, INC., Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 30, 1985.


Attorney(s) appearing for the Case

Thomas H. Rost, Charles R. Miller, Jefferson City, for appellant.

F. Joe DeLong, III, Jefferson City, John E. Turner, Kansas City, for respondents.


BILLINGS, Judge.

Plaintiff landowners sued Environmental Sanitation Management, Inc., [ESM], owner of a landfill, and the individuals owning ESM, for damages by reason of ESM's maintenance of a permanent nuisance. A jury awarded plaintiffs actual damages against ESM and the court of appeals affirmed. We granted transfer to reexamine existing law and review the case as an original appeal. Mo. Const. art. V, § 10, 1945. We affirm.

ESM opened the landfill...

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