Estancias Dallas Corp. v. Schultz
Texas Court of Civil Appeals
500 S.W.2d 217 (1973)
The Schultzes (plaintiffs) had a quiet home until Estancias Dallas (defendant) built a 155-unit, eight-building apartment complex next door, cooled by a single shared air conditioning unit installed just 5.5 feet from the Schultzes' property line, 55 feet from their back door, and 70 feet from their bedroom, producing noise comparable to a jet airplane; the Schultzes could no longer entertain in their yard or hold normal conversations indoors even with windows closed. A jury found the noise constituted a nuisance and awarded damages, and the trial court also enjoined further operation of the unit; Estancias appealed the injunction.
Whether the right to maintain air conditioning for a large apartment complex outweighs a neighboring homeowner's right to a quiet home, such that an injunction is inappropriate.