Английская Википедия:Cline v. American Aggregates Corp.

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Шаблон:Use mdy dates Шаблон:Infobox Court Case Cline v. American Aggregates Corporation, 474 N.E.2d 324 (OH 1984), was a case decided by the Supreme Court of Ohio that first applied the reasonable use doctrine to water use in that state.[1]

Factual background

The defendants operated a quarry, and as part of the process of extracting limestone, underground aquifers were dewatered. The plaintiffs on the neighboring land alleged that this dewatered and polluted their wells. The trial court granted summary judgment to the defendants on the authority of Frazier v. Brown, which allowed a landowner absolute use of the water on their land despite ramifications for neighboring landowners.[2]

Opinion of the Court

Majority opinion

The Supreme Court of Ohio rejected the absolute use rule in Frazier in favor of a reasonable use doctrine that allowed water use as long as it did not unreasonably harm neighbors that also had a right to the water. The court cited scientific advancements that allowed for better monitoring of water that could more easily determine how much water each landowner was entitled to.[3] The reasonable use doctrine was adopted from § 858 of the Restatement of Torts, Second, which stated the following standard: Шаблон:Blockquote

Holmes' concurrence

Justice Holmes wrote separately to emphasize how the reasonable use doctrine provided flexible standards well suited to addressing modern problems associated with water usage.[4]

Subsequent history

The case was remanded to the Court of Appeals of Ohio, which affirmed the decision of the Supreme Court.[5] An appeal from that ruling was dismissed by the Ohio Supreme Court.[6]

Impact

The reasonable use doctrine adopted in Cline has been codified in Ohio Revised Code § 1521.17.[7]

References

Шаблон:Reflist

External links

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  1. ↑ Casner, A.J. et al. Cases and Text on Property, Fifth Edition. Aspen Publishers, New York, NY: 2004, p. 65
  2. ↑ Casner, p. 63
  3. ↑ Casner, p. 65
  4. ↑ Cline, 15 Ohio St.3d at 388
  5. ↑ Cline v. American Aggregates Corp., 582 N.E.2d 1, 7 (Ohio App. 10 Dist. 1989)
  6. ↑ Cline v. American Aggregates Corp., 550 N.E.2d 479 (OH 1990)
  7. ↑ James Hanson, Arthur Woldorf, and Leonard Black. Water Withdrawal Rights: An Overview of Ohio Water Withdrawal Law, 2nd Edition. Ohio Department of Natural Resources.
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