Estancias Dallas Corp. v. Schultz

500 S.W.2d 217 (1973)

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Estancias Dallas Corp. v. Schultz

Texas Court of Civil Appeals
500 S.W.2d 217 (1973)

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Facts

The Schultzes (plaintiffs) had a quiet home until Estancias Dallas Corporation (Estancias) (defendant) built an apartment complex next to their property. The complex had eight buildings and 155 apartments, which needed air conditioning to be rentable. To save $40,000, Estancias installed a single large air-conditioning unit that served the entire complex instead of installing individual building units. This single unit was located less than six feet from the Schultzes’ property and generated noise similar to a jet airplane. The Schultzes complained that they could no longer entertain in their backyard; carry on normal conversations in their home, even with the doors and windows closed; or sleep well at night. The Schultzes sued Estancias to abate the nuisance caused by the air-conditioning unit. The Schultzes submitted evidence that their property value had dropped from $25,000 to either $12,500 or $10,000. Estancias submitted evidence that, at this point, it would have to spend between $150,000 and $200,000 to stop using the large unit and install individual building units. Applying a traditional approach, the trial court defined a nuisance as an unusual or excessive activity that unreasonably interfered with or harmed the Schultzes’ use and enjoyment of their property. The jury found that the large air-conditioning unit met this definition and was a continuous and permanent nuisance. The jury also found that the Schultzes had already suffered $10,000 of injuries. However, in response to a motion from Estancias, the Schultzes elected to seek only an injunction, not monetary damages. Based on the jury’s findings, the trial court granted the injunction and ordered Estancias to stop operating the large air-conditioning unit. Estancias appealed.

Rule of Law

Issue

Holding and Reasoning (Stephenson, J.)

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