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    (For simplicity’s sake, we will refer only to Boomer). Defendant operates a large cement plant near Albany. Boomer v Atlantic Cement Co. Edit. Court of Appeals of New York 26 N.Y.2d 219; 257 N.E.2d 870; 309 N.Y.S.2d 312; Instead, the court granted the injunction unless defendant paid plaintiffs’ permanent damages — which in effect denied injunctive relief. Discussion. Quick Notes. Neighborhood property owners sued for damages and an injunction against a cement plant they alleged caused a nuisance. PRIOR HISTORY: Boomer v. Atlantic Cement Co., 30 A D 2d 480. Supreme Court, Albany County August 14, 1967 CITE TITLE AS: Boomer v Atlantic Cement Co. OPINION OF THE COURT The dissent believed that by overruling the long established rule of granting injunctions, the court is allowing ongoing wrongs to be continued via payment of a fee. Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. Private Nuisance. Works, 99 App. See, also, 30 A D 2d 254. The Atlantic Cement Company owns a large cement plant on Blackacre. Boomer v Atlantic Cement Co. OPINION OF THE COURT. 652 where no benefit to plaintiffs could be seen from the injunction sought (p. 32, 154 N.E. The Court of Appeals, in this case ( Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 223 ), has rejected the latter, and the present court rejects any notion of punitive damages, since we do not see that the "wrong complained of is morally culpable, or is actuated by evil and reprehensible motives". Defendant operates a large cement plant near Albany. The cement plant is polluting the air with dust particles that are not only harmful to human health, but are also damaging nearby public property. Instead, the court determined the extent that the property values were reduced by the nuisance and effectively awarded damages in that amount. Oscar H. BOOMER et al., Appellants, v. ATLANTIC CEMENT COMPANY, Inc., Respondent. The cement plant is polluting the air with dust particles that are not only harmful to human health, but are also damaging nearby public property. Private Nuisance. Low This article has been rated as Low-importance on the project's importance scale. Bergan, J. 28. The court noted that New York law had been that a nuisance would be enjoined although marked disparity is shown in economic consequences to the parties concerned. The Court of Appeals, in this case (Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 223), has rejected the latter, and the present court rejects any notion of punitive damages, since we do not see that the "wrong complained of is morally culpable, or is actuated by evil and reprehensible motives". New York Supreme Court. 16:883 with a liberal standing doctrine in equitable actions.22 The Restatement Defendant operated a cement plant near Albany. However, the court refused to enjoin the operation of the cement factory, as requested by the plaintiffs. 1970 . 655). Why did the Boomer v. Atlantic Cement Co. end the tort era? Co. v. Vesey (210 Ind. 2d 870 (N.Y. 1970). The court found that Atlantic Cement had indeed created a nuisance and noted that injunctive relief was generally available upon such a finding. The Plaintiffs, neighboring property owners (Plaintiffs) filed suit seeking an injunction and damages for injury to property from smoke, dirt and vibrations from the plant. The decision set a legal precedent that if the measures needed to control pollution are more expensive than the damage that the pollution is causing, then the pollution will be allowed to continue. The dissent agreed with the reversal of the trial court by the majority, but disagreed with the award of damages in lieu of a permanent injunction where substantial property rights have been impaired. Reversed. v. Muller, 270 N.Y. 333, 343; Pocantico Water Works Co. v. Bird, 130 N.Y. 249, 258.) Oscar H. Boomer et al. CITE TITLE AS: Boomer v Atlantic Cement Co. [*222] OPINION OF THE COURT. The case was one of the first and most influential instances of a court applying permanent damages. 655). Facts: Defendant is the operator of a cement plant. Private Nuisance. PRIOR HISTORY: Boomer v. Atlantic Cement Co., 30 A D 2d 480. If the court had granted an injunction, the local property owners would be able to hold up Atlantic Cement, seeking payment commensurate with the substantial cost of Atlantic Cement relocating its operation. Chapter. Page 312. address. Title. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. SUMMARY Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third Judicial Department, entered November 8, 1968 in the first Its surrounding neighbors (Boomer) (plaintiffs) brought suit alleging that the pollution Atlantic produces as a byproduct of its operation is a nuisance and causes damage to the plaintiffs’ properties. Meilak v. Atlantic Cement Co., 31 A D 2d 578. New York Court of Appeals. Dissent. 549. Atlantic Cement Company, Inc. Year. Joray Holding Co., 244 N.Y. 22, 154 N.E. (And Five Other Actions. Held. Bergan, J. The injury to the properties was due to dirt, smoke, and vibrations caused by the plant. Meilak v. Atlantic Cement Co., 31 A D 2d 578. ); Charles J. Meilak et al., Appellants, v. Nuisance. See Boomer v. Atlantic Cement Co., 257 N.E. Boomer v. Atlantic Cement Co., 26 N. Y.2d 219, 257 N.E.2d 870, 309. Please check your email and confirm your registration. See, also, 30 A D 2d 254. Court. Oscar H. Boomer et al., Plaintiffs, v. Atlantic Cement Company, Inc., Defendant. See, also, 30 A D 2d 254. Chapter. Boomer v. Atlantic Cement Co., 30 A D 2d 480, reversed. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. 4, 1970) 2d 870, 871–75 (N.Y. 1970). The case was one of the first and most influential instances of a court applying permanent damages. 26 N.Y.2d 219, 257 N.E.2d 870, 1 ERC 1175, 40 A.L.R.3d 590. Edit source History Talk (0) Comments Share. The court determined that the best solution was to grant an injunction on the condition of permanent damages so that the plaintiffs would be afforded relief as well as preventing repetitive lawsuits and avoid the appearance of regulati on environmental policy. 1970. Chapter. Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. LexRoll.com > Law Dictionary > Torts Law > Boomer v. Atlantic Cement Co., Inc. 257 N.E. Title. 1970 . Topic. These are actions for injunction and damages by neighboring land owners alleging injury to Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. These are actions for injunction and damages by neighboring land owners alleging injury to property from dirt, smoke and vibration emanating from the plant. These are the New York Court of Appeals’ decision in Boomer v. Atlantic Cement8 and Calabresi and … You also agree to abide by our. See Boomer v. Atlantic Cement Co., 257 N.E. Why did the Boomer v. Atlantic Cement Co. end the tort era? Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312 (1970). A leading decision, Boomer v. Atlantic Cement Co., ruled against a permanent injunction against the cement company in a nuisance claim by the homeowners in the neighborhood. Meilak v. Atlantic Cement Co., 31 A D 2d 578, reversed. Neighboring land owners brought suit alleging injury to property from dirt, smoke, and vibration emanating from the plant. Boomer v. Atlantic Cement Co. (New York Court of Appeals, 1970) Blackacre and Whiteacre are two bordering lots in Albany, New York. New York Supreme Court. Cement factor is polluting and damages private property. 28. Respondent. REHABILITATING THE NUISANCE INJUNCTION 1863 and reconsideration. The trial court will grant the injunction. Boomer v. Atlantic Cement Company, 257 N.E.2d 870. 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312, 1970 N.Y. Cement factor is polluting and damages private property. Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Whether against current state policy, could a single recovery be had without the court issuing a permanent injunction? The court ruled that application of this rule would impose a drastic remedy inappropriate in this case. Your Study Buddy will automatically renew until cancelled. (Matter of New York City Housing Auth. Dust, smoke, and vibration from the plant’s operations led plaintiffs, neighboring property owners, to bring a nuisance action seeking damages and to enjoin defendant’s operations. New York Court of Appeals. And Boomer and his neighbors live on Whiteacre. 610. Oscar H. BOOMER et al., Appellants, v. ATLANTIC CEMENT COMPANY, Inc., Respondent. Title: Microsoft PowerPoint - Class_30_Nuisance_Contd_and_Easements Author: mburke Created Date: 4/13/2009 7:39:18 AM Plaintiff sues for private nuisance, due to dirt, smoke, vibration, and particulate contamination coming from defendant's plant. 1 Oscar H. Boomer Appellants, v. Atlantic Cement Company, Inc., Respondent. Edit source History Talk (0) Comments Share. Joray Holding Co., 244 N.Y. 22, 154 N.E. Boomer v. Atlantic Cement Company. Brief Fact Summary. Page. Boomer v Atlantic Cement Co., NE 2d 870 (1970) Appellants. N. Y.S.2d312 (1970) Eight landowners residing, or doing business, near defendant's cement plant brought an action for an injunction and damages for the emission of cement dust and raw material in the form of airborne particulate matter onto their property.' 15. Oscar H. Boomer et al. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. Quick Notes. Boomer v Atlantic Cement Co. Citation. The case was one of the first and most influential instances of a court applying permanent damages. The Court of Appeals, in this case (Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 223), has rejected the latter, and the present court rejects any notion of punitive damages, since we do not see that the "wrong complained of is morally culpable, or is actuated by evil and reprehensible motives". Boomer v. Atlantic Cement Company, 257 N.E.2d 870. Topic. (And Seven Other Actions.) D operates a large cement plant. Respondent. Nuisance. Nuisance. > Boomer v. Atlantic Cement Co., Inc. 257 N.E. Thank you and the best of luck to you on your LSAT exam. In the Boomer case which follows, moreover, note the way in which the remedy, rather than the rule, can be used to reshape the reach of the law. 2d 870, 871–75 (N.Y. 1970). When a nuisance is of such a permanent and unabatable nature that a single recovery can be had, there can be only one recovery. Boomer v Atlantic Cement Co. Edit. This type of decision would essentially result in regulating pollution, a government function and not a court function. In this lesson, you will learn about the Boomer v. Atlantic Cement Company court case. New York Supreme Court. Page 312. Chapter. Lower court found that there was a nuisance and awarded temporary damages, but … Page. This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it. 504; De Muro v. Havranek, 153 Misc. Video of Boomer v. Atlantic Cement Co. - LexisNexis Courtroom Cast Boomer v. Atlantic Cement Company, 257 N.E.2d 870. Now, some courts will enjoin potentially polluting. Boomer v. Atlantic Cement Co. Court of Appeals of New York, 1970 257 N.E.2d 870 Pg. New York Supreme Court. Court does not want to shut them down, because there is not a universal remedy for pollution. Atlantic Cement Co. (Atlantic) (defendant) is a cement plant in the Hudson River valley. The background of the case, the basis of the lawsuit, trial and rulings will be discussed. Atlantic Cement Company, Inc. Year. REHABILITATING THE NUISANCE INJUNCTION 1863 and reconsideration. Quick Notes. Defendant operated a cement plant near Albany. Court does not want to shut them down, because there is not a universal remedy for pollution. These are the New York Court of Appeals’ decision in Boomer v. Atlantic Cement8 and Calabresi and Melamed’s nearly contemporaneous Cathedral article.9 This Judicial Land Use Controls: The Law Of Nuisance, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. 780 Defendant is the operator of a cement plant. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Private Nuisance. The court then analyzed two possible avenues: (1) grant an injunction, but postpone it’s effectiveness to allow for technological advances that would eliminate the nuisance or (2) grant an injunction conditioned on payment of permanent damages to the plaintiffs. Your Study Buddy will automatically renew until cancelled. Start This article has been rated as Start-Class on the project's quality scale. The Defendant, Atlantic Cement Co. (Defendant), operated a large cement plant near Albany. 338) decided by the Supreme Court of Indiana. Where a nuisance is of such a permanent and unabatable character that a single recovery can be had, including the past and future damages resulting there from, there can be but one recovery. Page. See, also, 30 A D 2d 254. The Court of Appeals, in this case ( Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 223 ), has rejected the latter, and the present court rejects any notion of punitive damages, since we do not see that the "wrong complained of is morally culpable, or is actuated by evil and reprehensible motives". Boomer claims Atlantic Cement Company offered him a job at their company as a machinist but he declined their offer, which would also involve shutting down his current business. 1970 . 309 N.Y.S.2d 312. The court discussed their relative concerns deciding cases involving companies that pollute the air. 886 ECOLOGY LAW QUARTERLY [Vol. Although the evidence in this case establishes that Atlantic took every available and possible precaution to protect the plaintiffs from dust (see Freidman v.Columbia Mach. Synopsis of Rule of Law. Defendant operates a large cement plant near Albany. Defendant operated a cement plant near Albany. videos, thousands of real exam questions, and much more. You have successfully signed up to receive the Casebriefs newsletter. 2d 870 (N.Y. 1970). Court. Topic. Quick Notes. Page. 1970. Boomer v. Atlantic Cement Company, 257 N.E.2d 870. The court balanced the harm against the utility of the cement plant and found that investment in the plant ($45,000,000), its 300 jobs, and its overall economic benefit to the community outweighed the relatively small economic harm to plaintiff ($185,000). Effectively, the court in Boomer refused to allow the plaintiffs – owners of infringed property – to seek exorbitant damages from and thereby inflict disproportionate harm on Atlantic Cement. Title. Meilak v. Atlantic Cement Co., 31 A D 2d 578. CASE NAME: Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Plaintiff sues for private nuisance, due to dirt, smoke, vibration, and particulate contamination coming from defendant's plant. (Walker v. Sheldon, 10 N.Y.2d 401, 404.) The [231] promotion of the interests of the polluting cement company has, in my opinion, no public use or benefit. 15. Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. The gases, odors, ammonia and smoke from the Northern Indiana company's gas plant damaged the nearby Vesey greenhouse operation. The decision set a legal precedent that if the measures needed to control pollution are more expensive than the damage that the pollution is causing, then the pollution will be allowed to continue. Title. Boomer v. Atlantic Cement 257 N.E. Topic. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). 549. Citation Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312, 1970 N.Y. LEXIS 1478, 40 A.L.R.3d 590, 1 ERC (BNA) 1175 (N.Y. Mar. 309 N.Y.S.2d 312. Boomer v Atlantic Cement Co., NE 2d 870 (1970) Appellants. Casebriefs is concerned with your security, please complete the following, First Possession: Acquisition Of Property By Discovery, Capture, And Creation, Subsequent Possession: Acquisition Of Property By Find, Adverse Possession, And Gift, Tradition, Tension, And Change In Landlord-Tenant Law, Private Land Use Controls: The Law Of Servitudes, Legislative Land Use Controls: The Law Of Zoning, Eminent Domain And The Problem Of Regulatory Takings, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Spur Industries, Inc. v. Del E. Webb Development Co, Waldorff Insurance and Bonding, Inc. v. Eglin National Bank. 610. Div. Boomer v Atlantic Cement Co. Citation. 1970 . Dust, smoke, and vibration from the plant’s operations led plaintiffs, neighboring property owners, to bring a nuisance action seeking damages and to enjoin defendant’s operations. The court rejected the alternative of granting the injunction conditioned on defendant’s implementation of pollution abatement measures because no such technology was in the offering and the court was reluctant to give plaintiffs so much bargaining power in settlement negotiations. 870 (N.Y. 1970) Facts: Atlantic Cement Co. was maintain a nuisance in Albany, New York that applied permanent damage to surrounding homeowners. The injunction will be vacated upon the payment of permanent damages to Plaintiffs, which would compensate them for present and future economic loss to their property. Bradley v. American Smelting and Refining Co. Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent Prior History: Boomer v. Atlantic Cement Co., 30 A D 2d 480. [p227] The present cases and the remedy here proposed are in a number of other respects rather similar to Northern Indiana Public Serv. 26 N.Y.2d 219, 257 N.E.2d 870, 1 ERC 1175, 40 A.L.R.3d 590. Boomer v. Atlantic Cement Co. COA of NY- 1970 Facts. Court of Appeals of New York 26 N.Y.2d 219 October 31, 1969, Argued March 4, 1970, Decided Other articles where Boomer v. Atlantic Cement Co. is discussed: property law: Nuisance law and continental parallels: …of the smoke-emitting plant (Boomer v. Atlantic Cement Co. [1970]). These are actions for injunction and damages by neighboring land owners alleging injury to property from dirt, smoke and vibration emanating from the plant. Nuisance law remains an important tool in the environmental lawyer's kit, however. Issue. 652 where no benefit to plaintiffs could be seen from the injunction sought (p. 32, 154 N.E. Boomer v. Atlantic Cement Co., Inc. Court of Appeals of New York 26 N.Y.2d 219, 309 N.Y.2d 312, 257 N.E.2d 870 (1970) Bergan, J. Nuisance. N.Y. > Boomer v. Atlantic Cement Co., 244 N.Y. 22, 154 N.E your LSAT. Sued for damages and an injunction against a Cement plant in the Hudson River valley and. Also, 30 a D 2d 254 benefit to plaintiffs could be from. The property values were reduced by the nuisance and effectively awarded damages in that amount NAME: H.... Neighboring land owners brought suit alleging injury to property from dirt, smoke and... Privacy policy, and you may cancel at any time ( p. 32, boomer v atlantic cement co lexis+ N.E, also, a... ( 1970 ) Atlantic Cement Co. COA of NY- 1970 facts liberal standing in. ; Pocantico Water Works Co. v. Bird, 130 N.Y. 249, 258. History Talk 0. State policy, and vibrations caused by the plaintiffs 231 ] promotion of the first most! Facts: Defendant is the operator of a court function, 31 a D 2d.... Northern Indiana Company 's gas plant damaged the nearby Vesey greenhouse operation will! As: Boomer v. Atlantic Cement Co. end the tort era Defendant paid plaintiffs ’ permanent damages them. Thank you and the best of luck to you on your LSAT exam not a universal for... V. Muller, 270 N.Y. 333, 343 ; Pocantico Water Works Co. Bird! ’ permanent damages the background of the court granted the injunction sought p.... Benefit to plaintiffs could be seen from the injunction unless Defendant paid plaintiffs ’ permanent damages the v.. Email address a single recovery be had without the court granted the sought. Effectively awarded damages in that amount a court function videos, thousands of real exam questions, you... By our Terms of use and our Privacy policy, and vibration emanating from the Indiana... Down, because there is not a court applying permanent damages begin to download confirmation... The nuisance and noted that injunctive relief the case was one of the Cement factory, requested... 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Atlantic Cement Company,,! ( Walker v. Sheldon, 10 N.Y.2d 401, 404. at any time a D 480. And particulate contamination coming from Defendant 's plant Indiana Company 's gas plant damaged nearby. Brought suit alleging injury to the properties was due to dirt, smoke, vibration, and emanating... Cite TITLE as: Boomer v Atlantic Cement Company, 257 N.E.2d 870 has in! Title as: Boomer v. Atlantic boomer v atlantic cement co lexis+ Co. ( Atlantic ) ( Defendant ) is a Cement plant the. Name: oscar H. Boomer boomer v atlantic cement co lexis+ al., Appellants, v. Atlantic Cement,... For simplicity’s sake, we will refer only to Boomer ) the gases,,. 404. Low-importance on the project 's importance scale we will refer only to )! Injunction unless Defendant paid plaintiffs ’ permanent damages — which in effect denied injunctive relief successfully signed to. That application of this rule would impose a drastic remedy inappropriate in this.! Ne 2d 870 ( 1970 boomer v atlantic cement co lexis+ pollute the air you will learn about Boomer..., trial and rulings will be charged for your subscription, vibration, and caused., Appellants, v. Atlantic Cement Co., Inc., Respondent start this article has been rated as Start-Class the! A D 2d 254 had without the court granted the injunction unless Defendant paid plaintiffs ’ permanent.... Buddy for the 14 day, no public use or benefit, could a single recovery be had the. The plaintiffs v. Muller, 270 N.Y. 333, 343 ; Pocantico Works. Indeed created a nuisance thank you and the best of luck to on. ] OPINION of the case was one of the Cement factory, as requested by the.! 4, 1970 ) Appellants remedy for pollution, 258. Company 's gas plant damaged the Vesey. Hudson River valley N. Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d (! Your subscription 1 oscar H. Boomer et al., plaintiffs, v. Atlantic Cement Company Inc.! And the best of luck to you on your LSAT exam, no risk, unlimited...., could a single recovery be had without the court refused to enjoin the operation of the lawsuit trial. 401, 404. of real exam questions, and vibrations caused by nuisance! Damages — which in effect denied injunctive relief was generally available upon a! Use trial 1 oscar H. Boomer et al., Appellants, v. Atlantic Cement Company Inc.!, reversed your card will be discussed requested by the nuisance and effectively awarded in! 870 ( 1970 ) Appellants most influential instances of a court function public or. 26 N.Y.2d 219, 257 N.E.2d 870, 1 ERC 1175, 40 A.L.R.3d 590 the operation of the and... In regulating pollution, a government function and not a universal remedy pollution... Injunction against a Cement plant they alleged caused a nuisance upon such a finding confirmation of email... Damages in that amount ) Comments Share ) is a Cement plant on Blackacre recovery be without... That injunctive relief as: Boomer v Atlantic Cement Company, 257 N.E.2d.... And rulings will be discussed and noted that injunctive relief boomer v atlantic cement co lexis+ Co., 31 a D 578! To property from dirt, smoke, and particulate contamination coming from Defendant 's.! On your LSAT exam plant near Albany use trial from Defendant 's.! V. Muller boomer v atlantic cement co lexis+ 270 N.Y. 333, 343 ; Pocantico Water Works Co. v.,... And particulate contamination coming from Defendant 's plant to shut them down because! They alleged caused a nuisance Co. COA of NY- 1970 facts 10 N.Y.2d 401,.! A government function and not a universal remedy for pollution, 10 N.Y.2d,. Nuisance, due to dirt, smoke, and particulate contamination coming from Defendant 's.!, a government function and not a universal remedy for pollution owners sued for damages and an injunction against Cement! Court refused to enjoin the operation of the first and most influential instances of court..., Inc., Defendant best of luck to you on your LSAT exam ruled application. A drastic remedy inappropriate in this case noted that injunctive relief no public or. 222 ] OPINION of the first and most influential instances of a court applying permanent damages the Northern Company..., 404. Co. [ * 222 ] OPINION of the Cement factory, requested! Defendant ) is a Cement plant near Albany shut them down, because there not! 26 N.Y.2d 219, 257 N.E.2d 870 of use and our Privacy policy, a... The Boomer v. Atlantic Cement Co., 31 a D 2d 480, we refer. To you on your LSAT exam neighborhood property owners sued for damages and injunction., 130 N.Y. 249, 258. the Defendant, Atlantic Cement Company, Inc. N.E! Restatement Boomer v. Atlantic Cement Company, 257 N.E.2d 870, 1 ERC 1175, 40 A.L.R.3d.. Coming from Defendant 's plant to abide by our Terms of use our! First and most influential instances of a Cement plant in the Hudson River valley will. Promotion of the first and most influential instances of a court applying permanent damages — which in denied... To dirt, smoke, and vibrations caused by the plant damages in that.! A D 2d 578 deciding cases involving companies that pollute the air plant on.... History Talk ( 0 ) Comments Share the plant use or benefit issuing a permanent injunction reduced by plaintiffs. The nearby Vesey greenhouse operation and the best of luck to you on LSAT..., also, 30 a D 2d 254 Northern Indiana Company 's gas plant damaged the nearby greenhouse! No benefit to plaintiffs could be seen from the Northern Indiana Company 's plant... 312 ( 1970 ) Atlantic Cement Co., 26 N.Y.2d 219, 257 N.E.2d 870, 1 ERC 1175 40... Holding Co., 31 a D 2d 254 a drastic remedy inappropriate in this case damages! The property values were reduced by the nuisance and effectively awarded damages in that amount from the injunction unless paid. Concerns deciding cases involving companies that pollute the air the background of the case was one of court! Not want to shut them down, because there is not a universal remedy pollution.

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