Tierney v. Four H Land Company

Four H Land Company and Western Engineering (defendants) contracted with the Tierneys (plaintiffs) to extract sand and gravel from their property, agreeing to incrementally reclaim the land after each extraction phase, but over ten years of operation never performed any reclamation, enlarging an existing 11-acre lake to 30 acres; the Tierneys sued for specific performance of the reclamation obligation, and the trial court, finding reclamation would now require pushing 25 acres of fill into the lake, weighed that massive burden against the Tierneys' benefit and found specific performance would be unjust, dismissing the complaint. The Tierneys appealed.