DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

093915P.pdf   12/27/2010  Rogers Group, Inc.  v.  City of Fayetteville
   U.S. Court of Appeals Case No:  09-3915
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
   Civil case - Injunctions. District court did not err in enjoining
   enforcement of an ordinance seeking to limit the operation of rock
   quarries within one mile of the city limits; under Arkansas law, a city can
   only regulate a quarry if it is found to be a nuisance and a quarry can only
   be declared a nuisance by a court of competent jurisdiction; in the
   absence of such a judicial determination, the city has no statutory
   authority to regulate the quarry in the guise of abating a nuisance; the
   district court did not err in finding the quarry had established a threat of
   irreparable harm if it was forced to operate under the ordinance's
   restrictions.