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Remedies Keyed to Kovacic-Fleischer, 8th
Boomer v. Atlantic Cement Co.
Citation:
26 N.Y.2d 219, 309 N.Y.S.2d 312, 257 N.E.2d 870 (1970)Facts
The defendant Atlantic Cement Company operated a large cement manufacturing facility near Albany, New York, representing an investment exceeding forty-five million dollars and employing over three hundred people. Neighboring landowners, including Oscar Boomer and others, brought actions seeking injunctive relief and damages, alleging that dirt, smoke, and vibrations from the cement plant operations constituted a nuisance that substantially damaged their properties. The trial court found that a nuisance existed and calculated permanent damages totaling one hundred eighty-five thousand dollars for all plaintiffs. However, both the trial court and Appellate Division denied injunctive relief, citing the enormous economic disparity between the relatively modest harm to plaintiffs’ properties and the devastating consequences of shutting down the cement plant. The courts awarded temporary damages and contemplated that plaintiffs could bring successive actions for future damages, though this approach departed from established New York precedent requiring injunctions for substantial nuisances.
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