This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Nuisance
Injunctive Relief

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

Leonard J. LaCasse

Court

Mendocino Superior


Attorneys

Plaintiff

Pano Stephens

Rodney R. Jones


Defendant

Ginevra K. Chandler

Frank S. Bacik


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


#81174

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390