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Property Law Keyed to Cribbet
Rose v. Chaikin
Facts
The parties are all residents of a neighborhood, which has single-family homes. In June of 1981, the Defendants, in an effort to save money on energy bills, had a windmill constructed on their property, which is ten feet from the home of one of the Plaintiffs. The windmill began making loud noises, which were offensive to the neighbors. The Plaintiffs suffered various stress-related symptoms, together with an inability to peacefully enjoy their homes. The Plaintiffs initially sought relief through the local city council due to the zoning laws. The council issued an order limiting the time the windmill could operate, but the problem continued until Plaintiffs brought this action. Following an initial hearing, a temporary restraining order was issued, which restricted the windmill’s operation to two hours per day, which was the time claimed by Defendants as necessary for maintenance. The restraints continued through the trial in this court. Measurements of the noise levels of th e windmill reveal that the decibel level is 56 to 61, and the noise is constant because the windmill is next to the Atlantic Ocean, which provides a constant supply of wind. The city ordinance on noise limits noise to 50 decibels. The sounds of the windmill are like a large motor with blades cutting through the air. The sounds are difficult to ignore and impossible to escape. The Defendants raised a counterclaim against the Roses for their heat pump, which was found to operate at above 50 decibels.
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