Bove v. Donner-Hanna Coke Corp.

258 N.Y.S. 229 (1932)

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Bove v. Donner-Hanna Coke Corp.

New York Supreme Court, Appellate Division
258 N.Y.S. 229 (1932)

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Facts

In 1910, Antonia Bove (plaintiff) purchased two lots in a commercial and industrial area of Buffalo, New York, and built a house to use as a grocery store, a personal residence, and rental apartments. Across the street from Bove, Donner-Hanna Coke Corporation (Donner-Hanna) (defendant) operated a coke oven from which clouds of steam, dust, and soot emanated. Although Donner-Hanna had moved into that location after Bove moved into her house, the area was already an industrial area by the time Bove purchased her lots, and there were already eight industrial plants within a one-mile radius of Bove’s house. Further, in 1925, the City of Buffalo passed an ordinance zoning the area as permissible for industrial use, specifically including coke ovens. Bove brought suit for injunctive relief and damages, arguing that Donner-Hanna’s oven had caused Bove severe headaches, injured her and her family’s health, and reduced the rental value of her property, making it at times impossible to rent out the apartments. Bove argued that the use of the oven had deprived Bove of her property rights and constituted a private nuisance. The trial court rejected Bove’s argument, and Bove appealed.

Rule of Law

Issue

Holding and Reasoning (Edgcomb, J.)

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