Morgan v. High Penn Oil case brief

Morgan v. High Penn Oil (NC 1953, DK639)

• Facts: P lived and worked on some land, starting in 1945 (dwelling house and trailer park)…∆ oil refinery opened in 1950, emitted noxious fumes and soot; sickened Ps and other nearby landowners. Ps notified Ds about problems and demanded that they stop. 
  D continued to operate. 
  TC said: Refinery was a nuisance…Box II Liability rule. NC Sup. Ct. affirmed and granted injunctive relief. 
   
• Rule: Lawful conduct which is non-negligent may constitute a nuisance if it is intentional and unreasonable under the circumstances.
  
  
• Holding: D is a nuisance per accidens and is thereby enjoined
  • Threshold test of substantiality: Does it cross the threshold to substantial harm? If so, then injunction
  • Restatement: 2 possible interpretations

1. Ordinary person test
2. How abnormal the use is (if everyone is doing it, probably not a nuisance)

• Rationale:
  • D intentionally and unreasonably released gases and odors to substantially impact the air quality and negatively harm P’s ability to enjoy his private land.
  • the injunction was not unreasonable to prevent further continuing harm to the plaintiffs
  • “Intentionally…caused noxious gases and odors to escape onto the nine acres of the Ps to such a degree as to impair in a substantial manner the Ps use and enjoyment of their land.”
    
    
• Court doesn’t consider whether the costs of shutting down D outweigh the benefits