Discussion Paper

Plaintiffs are 22 individuals who own or reside in 14 homes adjacent to the interlink Steel Co. fabricating plant in Lodi. Plaintiffs’ homes are located in a residential area, and the steel company plant is on property that is zoned for industrial use. Prior to 1969, the previous owner of the plant operated it on an 8-hour daytime shift. In 1969, the plant was purchased by the current owner, who expanded it to a 24 hour around the clock operation. Subsequently, nearby neighbors complained about the high noise level generated by the continuous pounding of a punch press, a shearing machine, and other related machinery and equipment. The noise was particularly noticeable during the late night and early morning hours. As a result of the steel company operation, the noise admissions have resulted in measurable reduction in the market value of their homes. The plaintiffs are considering a lawsuit for trespass or nuisance. Which theory do you think will offer the best possibility for recovery and why? what sort of remedies or damages do you think would or would not be appropriate?


In this scenario, it appears that the most applicable legal theory for the plaintiffs to pursue would be nuisance rather than trespass. Nuisance generally refers to an interference with the use and enjoyment of one’s property, whereas trespass involves an unauthorized entry onto another’s property. Here, the issue primarily revolves around the noise generated by the steel company’s operations, which is causing a disturbance to the neighboring homeowners.

The expansion of the steel plant to a 24-hour operation has resulted in a significant increase in noise levels, particularly during late night and early morning hours, which has affected the plaintiffs’ ability to peacefully enjoy their properties. This interference with the plaintiffs’ use and enjoyment of their homes would likely constitute a nuisance.

To succeed in a nuisance claim, the plaintiffs would typically need to demonstrate that the noise generated by the steel company’s operations is substantial and unreasonable, and that it interferes with their ordinary use and enjoyment of their properties. Given the continuous pounding of machinery and equipment, which has led to measurable reductions in the market value of the plaintiffs’ homes, it seems plausible that the noise constitutes a substantial and unreasonable interference.

As for remedies or damages, if the plaintiffs were successful in proving their nuisance claim, they may be entitled to various forms of relief, including:

  1. Injunctive Relief: The court could order the steel company to take measures to reduce the noise levels emanating from its operations, such as installing soundproofing equipment or implementing operational changes.
  2. Damages: The plaintiffs may be entitled to monetary compensation for the diminution in the value of their properties caused by the nuisance. This could include damages for loss of property value or compensation for the discomfort and inconvenience suffered due to the noise.
  3. Abatement: In some cases, the court may order the cessation of the offending activity altogether if other remedies are deemed insufficient to abate the nuisance.

It’s important to note that the availability of remedies and damages may vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the lawsuit is filed. However, given the ongoing and significant interference caused by the steel company’s operations, pursuing a nuisance claim appears to offer the best possibility for recovery for the plaintiffs in this situation.

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