SOUTH SIDE QUARRY v. LOUISVILLE & JEFFERSON COUNTY

No. 21-5389.

28 F.4th 684 (2022)

SOUTH SIDE QUARRY, LLC; Jason Lee Stanford, Plaintiffs-Appellants, v. LOUISVILLE & JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 11, 2022.


Attorney(s) appearing for the Case

ON BRIEF: John D. Cox , Petersen S. Thomas , LYNCH, COX, GILMAN & GOODMAN, PSC, Louisville, Kentucky, for Appellants. Adam T. Goebel , Adam C. Reeves , STOLL KEENON OGDEN PLLC, Louisville, Kentucky, for Appellee.

Before: SILER, COLE, and NALBANDIAN, Circuit Judges.


OPINION

This case tells a tale of two creeks. The first, Pond Creek, drains into a watershed highly prone to flooding. The second, Fishpool Creek, diverts excess stormwater from that watershed into Vulcan Quarry through a channel maintained by the Louisville & Jefferson County Metro Sewer District. For the...

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