SmartBrief
0
Confirm favorite deletion?
Property Keyed to Merrill
Adams v. Cleveland-Cliffs Iron Company
Citation:
602 N.W.2d 215Facts
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
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos 
7m 22s
6m 55sTopic Outline 
