November 5, 2007
Court sides with Dragon cement co.
A Knox County Superior Court judge has dismissed three counts in a six-count lawsuit against a Thomaston cement maker that neighbors claim has damaged their property and health, the Courier-Gazette reported.
Stephen Darney Sr. and Kathy Darney, who live on Old County Road near the Dragon Products cement-making site, filed a suit in 2004 claiming the company's blasting, piles of dust and foul odors had damaged their property and caused medical problems for Kathy and her children.
But the judge, who was not named in the article, said the Darney's property had actually appreciated in value during their ownership, and that Dragon's foul odors and piles of dust were not dangerous. The court also found no evidence linking Dragon's operations and the Darneys' ill health.
The lawsuit is still alive, however, as there are three more counts that address common-law trespass, statutory trespass and injunction, which the court is still considering.
Stephen Darney Sr. and Kathy Darney, who live on Old County Road near the Dragon Products cement-making site, filed a suit in 2004 claiming the company's blasting, piles of dust and foul odors had damaged their property and caused medical problems for Kathy and her children.
But the judge, who was not named in the article, said the Darney's property had actually appreciated in value during their ownership, and that Dragon's foul odors and piles of dust were not dangerous. The court also found no evidence linking Dragon's operations and the Darneys' ill health.
The lawsuit is still alive, however, as there are three more counts that address common-law trespass, statutory trespass and injunction, which the court is still considering.
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