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Cline v. American Aggregates Corp.

Supreme Court of Ohio

474 N.E.2d 324 (Ohio 1984)

Relevant factsFree

American Aggregates (defendant) pumped groundwater from a shared aquifer while quarrying limestone, and 26 nearby landowners (plaintiffs) whose domestic wells drew from the same aquifer alleged the pumping dewatered and polluted their wells. Ohio's existing common law, the "English rule," gave landowners an absolute right to withdraw percolating groundwater with no liability to neighbors, so the trial court dismissed the suit; the court of appeals affirmed but urged the state supreme court to reconsider the rule.

IssueFree

Whether a landowner who withdraws ground water for a beneficial purpose can be held liable when the withdrawal unreasonably interferes with another person's right to use the water.

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