Rose v. Chaikin

Chaikin (defendant) built a wind-powered electricity generator on oceanfront property next to Rose's (plaintiff) home. Rose claimed the windmill's noise exceeded local ordinance limits, ran nearly continuously in an otherwise quiet neighborhood, and caused him sleep deprivation and stress-related health problems. After a city council temporary restraining order limiting the windmill's operating hours proved insufficient, Rose sued for an injunction, and Chaikin counterclaimed for an injunction against Rose's heat pump.