Brown v. County Commissioners of Scioto County
Court of Appeals of Ohio
622 N.E.2d 1153 (1993)
Jack and Barbara Brown (plaintiffs) lived next to a sewage-treatment plant run by the County Commissioners of Scioto County (County) (defendant); odors from the plant made it impossible to be outside at times, caused the Browns nausea, and drove away a prospective home buyer who learned of the fumes. The Browns presented evidence the plant's equipment was old and poorly maintained, one of its oxidation ditches was inoperable and breeding bacteria, and the Ohio EPA had cited the plant multiple times. The Browns sued for nuisance and trespass; the trial court granted the County summary judgment on all counts, and Barbara Brown appealed.
Whether recovering for public or private nuisance based on the conduct of a licensed, regulated solid-waste disposal facility requires the plaintiff to demonstrate the facility's operators were negligent.