Boomer v. Atlantic Cement Co.
New York Court of Appeals
257 N.E.2d 870 (N.Y. 1970)
Relevant factsFree
Neighboring landowners (Boomer and others, plaintiffs) sued Atlantic Cement Co. (defendant), whose cement plant's pollution damaged their properties, as a nuisance. The trial court (special term) found a nuisance, awarded temporary damages, but denied an injunction; the Appellate Division affirmed, and the plaintiffs sought review in the Court of Appeals.
IssueFree
Whether permanent damages, rather than an injunction, are the appropriate remedy for a nuisance when the harm it causes is significantly smaller than the economic benefit the activity provides to the party causing it.