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Boomer v. Atlantic Cement Co
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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Boomer v. Atlantic Cement Co.
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Facts
The Defendant, Atlantic Cement Co. (Defendant), operated a large cement plant near Albany. The Plaintiffs, neighboring property owners (Plaintiffs) filed suit seeking an injunction and damages for injury to property from smoke, dirt and vibrations from the plant. Both lower courts ruled that the Defendant maintained a nuisance, but found that the value of the Defendant’s operation outweighed the consequences of the injunction. Plaintiffs appealed.
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