Atlantic Cement Co. (Atlantic) (defendant) is a cement plant in the Hudson river valley. Its surrounding neighbors (Boomer) (plaintiffs) carried suit alleging that the contamination Atlantic produces as a byproduct the its operation is a nuisance and causes damages to the plaintiffs’ properties. Special term determined that this situation is a nuisance. Momentary damages to be awarded, but an injunction to be denied. The plaintiffs appealed come the Appellate Division, i m sorry upheld the one-of-a-kind term’s ruling. The plaintiffs petitioned for certiorari to the Court the Appeals of new York.

You are watching: Boomer v. atlantic cement co.

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