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Estancias Dallas Corp. v. Schultz

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


Facts

The Schultzes (plaintiffs) had a quiet home until Estancias Dallas Corporation (defendant) erected an apartment building next to their property. The apartment building had 155 units in eight buildings. The entire complex was served by one air conditioning system, situated 5.5 feet from the Schultzes’ property, 55 feet from their back door, and 70 feet from their bedroom. The apartments would not be rentable without air conditioning. The noise from this air conditioning unit was akin to noise generated by a jet airplane. The Schultzes complained that they could no longer entertain in their back yard, nor could they carry on normal conversation in their home, even with the doors and windows closed. The Schultzes sued Estancias seeking to enjoin Estancias from operating the air conditioning unit. A jury found that the Schultzes suffered injury from the nuisance and awarded monetary damages for their suffering. The trial court then enjoined Estancias from further operating the air conditioning unit. Estancias appealed the granting of the injunction.

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Issue

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Holding and Reasoning (Stephenson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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