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Property Law Keyed to Cribbet
Waldrop v. Town of Brevard
Facts
In 1938, Mr. and Mrs. Shipman sold a five-acre tract to the Town of Brevard (Defendant). These parties contemplated placing a dump on this tract. The five acre-tract and dump was located in the middle of a one hundred acre tract owned by the Shipmans. The conveyance from the Shipmans to Defendant stated that the land was to be used as a dump. The deed contained a covenant not to sue, which would run with the land and would be included in any of the remaining lots sold out of the remaining one hundred acres surrounding the dump. After Defendant began using the land as a dump, the Shipmans started selling other lots. Thirty-five to forty families now live in the surrounding lots of the dump. In 1939, Mr. and Mrs. Tinsley bought a lot from the Shipmans, which was about three hundred yards from the dump, and built a house. The Plaintiffs in this action are the surrounding landowners, like the Tinsleys, who seek to have the dump abated as a private and public nuisance. They also se ek to recover special damages resulting from the operation of the dump, which began in 1946.
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