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O P I N I ON

In dispute in this appeal are the substantive and procedural standards that govern claims for permanent injunctive relief against a private nuisance. A group of homeowners filed suit alleging that a nearby rock quarry had created a nuisance and sought both money damages and a permanent injunction limiting quarry operations. A jury failed to find either that the quarry owner had intentionally created a nuisance, that the owner had negligently created a nuisance, or that the owner’s conduct was “abnormal and out of place in its surroundings such as to create a nuisance.” Based on the jury’s verdict, the district court rendered judgment that the homeowners take nothing on their money-damage claims. However, the district court also issued a permanent injunction based on the court’s own determinations that the quarry operations “can and do create a nuisance” and “in balance of the equities a permanent injunction should issue.” We are called upon to determine whether the permanent injunction was an abuse of discretion in light of the jury’s verdict and the evidence at trial. We conclude that it was, and will render judgment vacating the injunction.

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