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Green v. Castle Concrete Co.

Citation: 2 ELR 20347
No. No. 62488, (Colo. Dist. Ct., 05/07/1971)

The operation of limestone quarries in the Colorado Rocky Mountains in such a way as to create shock waves annoying to nearby residents, to raise large quantities of dust, and to do considerable aesthetic damage to those mountains is a public and a private nuisance. Such operation is enjoined regardless of the facts that there is no demonstrable pecuniary loss and that the quarries are a proper use of the land as zoned. The public interest in the natural beauty of the mountains has been balanced against other factors in the determination of the appropriateness of the injunction.

Counsel for Plaintiffs
Howard Morrison
Bennett, Heinicke, Morrison & Hollaway
P.O. Box 2168
Colorado Springs, Colo.

Counsel for Defendant
Paul Evans
Evans, Peterson, Torbet & Briggs
Mining Exchange Bldg.
Colorado Springs, Colo.