Estancias Dallas Corp. v. Schultz

500 S.W.2d 217 (Tex. 1973)

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Nature of the Case

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Facts

Estancias Dallas Corp. (D) built an apartment complex of 155 units in eight buildings. The air conditioning unit served the entire complex. An air conditioning unit for the complex was located about five and a half feet from Schultz's (P) property line and about 70 feet from their bedroom. Ps testified that the noise from the unit sounds like a jet airplane or helicopter. Ps testified that the neighborhood was very quiet before the apartments were constructed. The noise from this unit caused P to lose sleep, and adversely affected enjoyment of his backyard. Several of the neighbors gave the same type of testimony. P claimed that the unit decreased his property value by $15,000. D claimed that it cost $80,000 to construct the air conditioning system and that separate units for all eight buildings would have cost $40,000 more and that it would cost $150,000 to $200,000 to change to individual building units. D also testified that the apartments could not be rented without air conditioning. The jury found the unit to be a permanent nuisance, and the trial court granted a permanent injunction and $10,000 in damages. D appealed; the trial court did not properly balance the equities.