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Rogers Group, Inc. v. Fayetteville, No. 09-3915

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By FindLaw Staff on December 29, 2010 3:01 PM

Action to Enjoin Rock Quarry Ordinance

In Rogers Group, Inc. v. Fayetteville, No. 09-3915, an action seeking to prevent the enforcement of a city's ordinance regulating rock quarries in or near the city's corporate limits, the court affirmed a preliminary injunction in favor of plaintiffs where 1) the city's statutory authority extended one mile beyond its corporate limits but only to abate a nuisance, and the quarry was not a nuisance per se under Arkansas law; and 2) plaintiffs established a likelihood of irreparable harm because any customers the quarry lost, if and when the ordinance went into effect, would be unlikely to return once the ordinance's restrictions are lifted.

As the court wrote:  "Rogers Group, Inc. ("Rogers Group") brought suit in district court against the City of Fayetteville, Arkansas, ("the City") seeking to prevent the enforcement of the City's ordinance regulating rock quarries in or near the City's corporate limits. The complaint alleged that the City lacked authority to license and regulate Rogers Group's quarry. Rogers Group moved for a preliminary injunction to enjoin the ordinance prior to its enforcement date, and the district court granted the preliminary injunction."

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