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R & D TRUCKING CO., INC. v. CARTER

1901920.

592 So.2d 1040 (1992)

R & D TRUCKING COMPANY, INC. v. Charles L. CARTER, et al.

Supreme Court of Alabama.

January 24, 1992.

Attorney(s) appearing for the Case

Roy Hasseltine, Florence, and William H. Mills of Redden, Mills & Clark, Birmingham, for appellant.

Curtis Simpson, Florence, for appellees.

HOUSTON, Justice.

Is a truck terminal a nuisance at all times and under all circumstances, regardless of location or surroundings?

The defendant appeals from an order granting a permanent injunction against an anticipated nuisance, pursuant to Ala.Code 1975, § 6-5-125. The order "restrained and enjoined [R & D Trucking Company, Inc.] from any construction [on a certain] 15-acre tract of land, and restrained and enjoined [that company] from constructing...

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