Does the plant constitute a nuisance

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Atlantic Cement operated a large cement plant. Neighboring landowners sued for damages and an injunction, claiming that their properties were injured by the dirt, smoke, and vibrations coming from the plant.

The lower court found that the plant constituted a nuisance and granted temporary damages but refused to grant an injunction because the benefits of operating the plant outweighed the harm to the plaintiffs' properties. The landowners appealed. Does the plant constitute a nuisance? Should it be shut down?

Reference no: EM131390798

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