discussion Trespass or Nuisance

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?

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