CLARK v. ASHEVILLE CONTRACTING CO., INC.

No. 73PA85.

342 S.E.2d 832 (1986)

Herbert L. CLARK and wife, Bobbie C. Clark v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Walter RULE and wife, Nancy Rule v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. William B. PFEIFFER and wife, Leigh Pfeiffer v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Herbert F. MOORE and wife, Loretta Moore v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Harry GOLDEN and wife, Ruth Golden v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Tania ROLLMAN v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Arthur E. JACOBSON, Senior Warden, St. Luke's Episcopal Church, Dan Wall, Junior Warden, St. Luke's Episcopal Church v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Charles CROCKER and wife, Mae Crocker v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Angelo G. DOTSIKAS and wife, Catherine M. Dotsikas v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Allen Walton YOUNG and wife, Birgit Young v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Winston C. LITTLE and wife, Linda B. Little v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Edsel RITTER and wife, Norma Ritter v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Eugene C. SANFORD and wife, Patricia G. Sanford v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. J. Robert HUFSTADER and wife, Jean Hufstader v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. William L. SUTTON and wife, Betty A. Sutton v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation. Kenneth W. BROWNELL, Jr. and wife, Margaret Slack Brownell v. ASHEVILLE CONTRACTING COMPANY, INC., a North Carolina Corporation, Baxter H. Taylor and the State of North Carolina Department of Transportation.

Supreme Court of North Carolina.

May 6, 1986.


Attorney(s) appearing for the Case

Long, Howell, Parker & Payne, P.A. by Ronald W. Howell, Asheville, for plaintiffs-appellees.

Lacy H. Thornburg, Atty. Gen. by James B. Richmond, Sp. Deputy Atty. Gen. and Alfred N. Salley, Asst. Atty. Gen., Asheville, for defendant-appellant The North Carolina Dept. of Transp.

Adams, Hendon, Carson & Crow, P.A. by George Ward Hendon, Asheville, for defendants-appellees Asheville Contracting Co., Inc. and Baxter H. Taylor.


MITCHELL, Justice.

The questions presented for discretionary review arise from sixteen separate civil actions, consolidated for purposes of trial and appeal, brought by property owners in the City of Asheville as a result of the disposal of waste materials from the Beaucatcher Mountain Highway Project. The defendants are the Department of Transportation [hereinafter "DOT"], Asheville Contracting Company, Inc. [hereinafter...

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