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Remedies Keyed to Kovacic-Fleischer, 8th
Myers v. Arnold
Citation:
83 Ill. App. 3d 1, 38 Ill. Dec. 228, 403 N.E.2d 316 (1980)Facts
In 1972 or 1973, the plaintiffs purchased a 20-acre tract of land near Leroy, Illinois, intending to build a residence and later sell it to build another home on the eastern portion. In October 1974, Mrs. Myers contacted defendant’s job-site supervisor requesting a couple loads of broken concrete for erosion control along a creek on their property. She showed the supervisor where to place the material and specified she preferred concrete without rubble or dirt. The next day, plaintiffs discovered that 60-80 truckloads of concrete containing reinforcing rods had been dumped on the area where they intended to build their second house, covering approximately 50 x 150 feet and stacked 8 feet high in places. When Mrs. Myers contacted Howard Arnold, he refused to remove the concrete. The defendant saved approximately $490 by dumping on plaintiffs’ property rather than at an alternative site.
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