Facts

In 2007, Brock Newman and his wife purchased a property in San Bernardino County. An adjacent property was being used for an auto parts dismantling operation. However, a year later, D.E.I. Metals Inc. leased the property and changed it to a scrap metal recycling facility. The Newsman later sued D.E.I.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the property had only been zoned to operate as a junk and salvage yard for auto parts dismantling. Plaintiff claimed that D.E.I. had violated the San Bernardino County Development Code due to high noise levels and private nuisance. D.E.I.'s use of the property used heavy equipment that dropped heavy loads of metal and created high levels of noise and vibration.

DEFENDANT'S CONTENTIONS:
D.E.I. claimed that its noise and vibration levels were within acceptable limits.

Result

The owner of the property agreed to a permanent injunction that would bar future owners from exceeding San Bernardino County's noise and vibration levels.