26 N.Y.2d 219, 309 N.Y.S.2d 312, 257 N.E.2d 870 (1970)
Boomer v. Atlantic Cement Co.
Is the issuance of a permanent injunction the appropriate remedy in a private nuisance case when the nuisance results from an enterprise serving a substantial public benefit?
In cases involving private nuisance where the defendant's enterprise brings substantial economic benefits, the court may opt to grant monetary damages instead of an injunction to balance the interests involved.
The court held that the cement plant's operations constituted a nuisance but denied a permanent injunction. Instead, the court ordered the nuisance to be abated on payment of permanent damages to the plaintiffs.
Boomer v. Atlantic Cement Co. is significant as it illustrated a departure from the traditional all-or-nothing approach where nuisance would traditionally result in the issuance of injunctions. The decision put forth a balanced approach that allowed for economic considerations and practical realities to play a role in determining suitable remedies for nuisance claims. This set a legal precedent for allowing monetary compensation as a satisfactory solution to nuisance claims, thereby encouraging a pragmatic judicial approach to environmental law.