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Gustafson v. Cotco Enterprises, Inc.

42 Ohio App. 2d 45 (1974)

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Gustafson v. Cotco Enterprises, Inc.

Ohio Court of Appeals
42 Ohio App. 2d 45 (1974)

JL

Facts

Gustafson (plaintiff) owned property in Berlin Township. Cotco Enterprises (defendant) purchased property nearby. Cotco’s plans to operate a drag strip for racing on the property became public. Cotco planned to have races each Sunday from 8 a.m. to 6 p.m., including approximately 280 time trials and races. Gustafson and other nearby landowners (plaintiffs) opposed the plan and made their opposition known to Cotco. Although Berlin Township did not have zoning regulations, the plaintiffs asserted that the operation of the drag strip would constitute a public nuisance. Cotco had made plans for a tall fence to reduce the impact of dust, fumes, dirt, and lighting on the landowners. However, the landowners continued to be concerned about the level of noise that would be generated at the drag strip. The landowners sued Cotco. The landowners presented testimony and evidence regarding the sound levels of funny cars, dragsters, and stock cars. The trial court entered an injunction against the construction and operation of the drag strip. Cotco appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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