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Property Keyed to French
Adams v. Cleveland-Cliffs Iron Co.
Citation:
602 N.W.2d 215 (1999)Facts
The Empire mine, operated by the defendant, Cleveland, is one of the largest mines in the United States. Most of the plaintiffs, Homeowners, lived near the mine in the village of Palmer. Cleveland employs over 2,220 people in that area, making it the largest civilian employer. The Empire mine was originally dug in the 1870s, and then expanded twice between that period and 1991. The mine engages in blasting operations approximately three times a week, year round, and the extraction and processing of the iron ore generates a great deal of airborne dust. Homeowners claim these blasts send tremors through their homes, and that Cleveland’s dust constantly accumulates inside their homes. This dust requires aggravates Homeowners need to clean and repaint their homes, replace carpets and drapes, repair cracks in all masonry, replaces windows, and cause plumbing issues. While Cleveland’s dust emissions have always remained within applicable air-quality standards, the amount of dust is still four times greater than what normally settles onto surrounding communities. Homeowners claim the blasting also causes them to suffer shock, nervousness, and sleeplessness. Finally, Homeowners claim the combination of the dust and noise has diminished the values of their homes, in some cases rendering them unmarketable.
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