Boomer v. Atlantic Cement Co.

257 N.E.2d 870 (1970)


Atlantic Cement Co. (D) operated a cement plant. This plant emitted a large amount of dirt, smoke, and vibrations, affecting a group of landowners, including Boomer (P). P brought suit to enjoin D from operating the factory. The court found a nuisance and substantial damage. The court awarded P permanent damages of $185,000 and refused to issue an injunction. The trial court reasoned that the total damages to P and other neighbors were small when compared to the value of D’s operation and that damages that would be inflicted upon D by a permanent injunction and that permanent damages would compensate P. P appealed.