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Boomer v. Atlantic Cement Co.
New York Court of Appeals
26 N.Y.2d 219, 309 N.Y.S.2d 312, 257 N.E.2d 870 (1970)
- Written by Lauren Petersen, JD
Facts
Atlantic Cement Co. (Atlantic) (defendant) was a cement plant in the Hudson River Valley. Its surrounding neighbors, including Boomer (the neighbors) (plaintiffs) brought suit alleging that the pollution Atlantic produced as a byproduct of its operation was a nuisance and caused damage to the neighbors’ properties. The court at special term determined that this situation was a nuisance. Temporary damages were awarded, but an injunction was denied. The neighbors appealed to New York's appellate division, which upheld the special term’s ruling. The neighbors petitioned for certiorari to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Bergan, J.)
Dissent (Jasen, J.)
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