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New York Court of Appeals - 309 N.Y.S.2d 312, 26 N.Y.2d 219
Tags: Property, Nuisance, Permanent damages
tl;dr:
Permanent damages may be more appropriate than a permanent injunction to remedy nuisance where the costs of injunction would far outweigh the benefits.Video Summary
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The court found a cement plant to be a nuisance and awarded temporary damages but denied an injunction. The lower court's decision was erroneous as an injunction is required when damage from a nuisance is not unsubstantial. The court chose to grant the injunction conditioned on the payment of permanent damages to avoid closing down the plant. The proposed judgment will fully redress the plaintiffs' grievances, but public health or other public agencies can still seek proper relief in a proper court. The term "servitude" was used in United States v. Causby, relating to the effect of airplane noise on property near an airport.
The legal case involves a cement plant causing particulate contamination for at least 60 years, which damages the plaintiffs and harms the general public. The majority's decision to allow permanent damages instead of an injunction for substantial property rights impaired by a nuisance is disagreed upon by the dissenting opinion. The dissenting opinion argues that the long-standing rule is to enjoin a nuisance that results in substantial continuing damage to neighbors. The Air Pollution Control Act declares that it is the State policy to require the use of all available and reasonable methods to prevent and control air pollution. The cement company should not be allowed to continue polluting the air indefinitely upon the payment of permanent damages.
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