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Remedies Keyed to Tabb, 8th
Harrison v. Indiana Auto Shredders Co.
Citation:
528 F.2d 1107 (1975)Facts
Indiana Auto Shredders Company constructed and operated an automobile shredding facility for metal recycling on a 20-acre former railroad site in Indianapolis’s Irish Hill section, an area zoned for heavy industrial use (I-5-U classification) since 1971. The facility began operations in July 1974, processing abandoned automobiles through a massive hammermill weighing 220 tons. Residents and businesses in the surrounding area, which included older residential properties scattered among industrial plants, complained of excessive dust, ground vibrations, and noise from the shredder’s operations. The company made numerous improvements including installing cyclones, water sprayers, sound-deadening foam, conveyor covers, additional stacks, raised storage bin walls, and digging a 22-foot deep trench to reduce vibrations. Despite these efforts and obtaining all required permits from local authorities, including installation and operating permits from the Indianapolis Air Pollution Control Board, residents filed suit seeking damages and permanent closure. Expert testimony and governmental officials confirmed the facility operated within all applicable standards for air pollution, noise, and vibration, though residents testified to personal discomfort, property damage, and interference with their daily lives.
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