Preserve Country Neighborhoods, et al. v. Cold Creek Compost Inc., et al.
Published: Jun. 29, 2004 | Result Date: Mar. 19, 2004 | Filing Date: Jan. 1, 1900 |Case number: 9878986 Verdict – $125,000
Judge
Court
Mendocino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard P. Selzer
(technical)
Gilbert Kuhn
(technical)
Defendant
Eliot Epstein
(technical)
Chet Boddy
(technical)
David M. Morrow
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
(technical)
Facts
According to the plaintiffs: The defendants started to operate a compost manufacturing facility in a rural residential area of Mendocino County. Putrid odors from the facility and excessive dust from truck traffic disturbed the plaintiff's use of their nearby properties. According to the defendants: The defendants started to operate a compost manufacturing facility on an isolated mountain top, more than one mile from the nearest rural residential area of Mendocino County. The plaintiffs claimed unpleasant odors from the facility and excessive dust from truck traffic disturbed the plaintiffs' use of their nearby properties.
Damages
According to the plaintiffs: Annoyance and deprivation of the use and enjoyment of the plaintiff's home and properties. According to the defendants: The jury awarded a total of $125,000 in damages. Finding an abatable nuisance with damages awarded for annoyance and emotional distress from deprivation of the use and enjoyment of the plaintiffs' homes and properties.
Other Information
Verdict for plaintiffs, terms and extent of injunction currently under consideration by trial judge in consultation with court appointed expert.
Deliberation
1.5 days
Length
eight days
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