Brief Fact Summary.
Plaintiffs sought an injunction and damages once its neighbors brick burning released gas that killed their trees and plants.
Synopsis of Rule of Law.
A court may issue an injunction to end the nuisance if a landowner commits a nuisance that injures neighboring property.
To constitute a nuisance, the use must be such as to produce a tangible and appreciable injury to neighboring property, or such as to render its enjoyment especially uncomfortable or inconvenient.View Full Point of Law
Plaintiffs Landowners bought 40 acres of land and Defendant plaintiffs’ neighbor owned a brickyard. Plaintiffs were unaware that the neighbor intended to burn bricks. The burning released gas that killed plaintiff’s plants and trees. Plaintiffs sought an injunction and damages. The court granted plaintiffs requests. Defendant appealed.
Whether a court may issue an injunction to end the nuisance if a landowner commits a nuisance that injures neighboring property.
Yes. The lower court’s judgment is affirmed.
In this case, damages were not sufficient because injury to the property was substantial and irreparable. It is difficult to calculate the value of the trees, flowers, and vines and they cannot be replaced. The injunction further prevents ongoing litigation.