BROADBENT v. ALLISON

No. COA05-194.

626 S.E.2d 758 (2006)

Andrew BROADBENT, and Rebecca Broadbent, Plaintiffs, v. Kenneth T. ALLISON, Willie T. Allison, and wife, Patricia M. Allison, Transylvania County Airport, L.L.C., Defendants.

Court of Appeals of North Carolina.

March 7, 2006.


Attorney(s) appearing for the Case

James M. Kimzey, Brevard, for plaintiffs-appellants-appellees.

Dean & Gibson, by Susan L. Hofer and Christopher W. Cook, Charlotte, for defendants-appellees-appellants.


STEELMAN, Judge.

We affirm the verdict of the jury finding the operation of defendants' airport constituted a private nuisance. We reverse and remand for a new trial on damages. We further vacate the judgment of the trial court denying plaintiffs' motion for a permanent injunction and granting defendants an avigation easement, and remand for a new hearing on these issues.

Plaintiffs purchased fifty-eight acres of...

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