Nature of the Case
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Facts
The Chaikins (D) lived in a neighborhood of single-family houses. In order to conserve electricity, D built a windmill atop a 60-foot tower in their yard. The noise from the windmill was similar to that of a large motor and exceeded the decibel limit permissible under the applicable city ordinance. The noise from the windmill was almost constant. Several of D's neighbors (P) sued to enjoin D's operation of the windmill, alleging stress-related physical symptoms resulting from the operation of the windmill. D counterclaimed, seeking to enjoin the operation of a heat pump owned by one of the neighbors.
Holding and Decision
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Legal Analysis
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