Armstrong v. Bromley Quarry & Asphalt, Inc.

Bromley Quarry operated an underground limestone mine adjacent to Plaintiffs’ property. Plaintiffs sued Bromley Quarry, claiming trespass and conversion of 855,500 tons of limestone. Bromely Quarry admitted that it had trespassed onto the Armstrong property and removed 173,392 tons of rock during the limitations period generally applicable to trespass and conversion claims but denied liability for the remainder (the “disputed rock”). The district court granted summary judgment to Bromley Quarry on Plaintiffs’ claim relating to the disputed rock, and, following a trial, awarded Plaintiffs damages for the 173,392 tons of limestone that the court found was converted during the limitations period. To compute the award for the rock, the district court found Bromely Quarry was a good-faith trespasser. The Court of Appeals reversed in part, concluding that Bromley Quarry was not a good-faith trespasser, and otherwise affirmed. The Supreme Court affirmed in part and reversed in part, holding (1) the lower courts erred by relying on an incomplete record to determine when the statute of limitations began running on Plaintiffs’ claims; and (2) Bromley Quarry did not prove it was a good-faith trespasser and therefore was liable for $1,733,920 as the enhanced value of the 173,392 tons of limestone. View "Armstrong v. Bromley Quarry & Asphalt, Inc." on Justia Law