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EX PARTE BRIAN NELSON EXCAVATING, LLC

1071473.

25 So.3d 1143 (2009)

Ex parte BRIAN NELSON EXCAVATING, LLC. (In re Alvin Prater, Robert Hall, and Jessie Hall v. Brian Nelson Excavating, LLC).

Supreme Court of Alabama.

June 12, 2009.

Attorney(s) appearing for the Case

Jack Owen and John W. Marsh of Ball, Ball, Mathews & Novak, P.A., Montgomery, for petitioner.

Valerie Rucker Russell and Jock M. Smith of Cochran, Cherry, Givens & Smith, PC, Tuskegee, for respondents.

PARKER, Justice.

Brian Nelson Excavating, LLC ("Nelson"), filed this petition for a writ of mandamus asking this Court to direct the Montgomery Circuit Court to vacate its order denying Nelson's motion for a summary judgment. Nelson's petition for the writ of mandamus presents two questions for consideration by this Court: (1) Is a claim for damages to a residence caused by vibrations or concussion transferred through the ground a trespass claim or a nuisance claim...

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