Tuesday, December 24, 2013

Estancias Dallas Corp. v. Schultz case brief

Estancias Dallas Corp. v. Schultz case brief summary
500 S.W.2d 217 (1973)


CASE SYNOPSIS
Defendant corporation challenged the decision of a trial court (Texas), which granted plaintiff neighbors a permanent injunction preventing defendant from operating its air conditioning equipment and tower on the property next to plaintiffs' residence.

CASE FACTS
Plaintiff neighbors obtained a permanent injunction from the trial court enjoining defendant corporation from operating its air conditioning equipment and tower on the property next to plaintiffs' residence.

DISCUSSION

  • The court affirmed the judgment of the trial court. 
  • It found that the trial court did not abuse its discretion in balancing the equities in favor of plaintiffs because there was little or no testimony in the record reflecting benefit to the public generally in permitting defendant's nuisance to continue. 
  • The court observed that there was no evidence in the record that there was a shortage of apartments and that the public would suffer by having no place to live. 
  • It found that there was not evidence to indicate that the necessity of others required plaintiffs to seek relief by way of an action at law for damages rather than by a suit in equity to abate the nuisance.

CONCLUSION
The court affirmed the judgment of the trial court which granted plaintiff neighbors a permanent injunction enjoining defendant corporation from operating its air conditioning equipment and tower. It found that the trial court did not abuse its discretion in balancing the equities in favor of plaintiffs because there was little or no evidence reflecting benefit to the public in permitting defendant's nuisance to continue.

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