Theatre Estates, Inc. v. Village

WILLIAMS, Justice.

Plaintiffs in error herein, plaintiffs below, have appealed to this Court from a judgment of the trial court sustaining a demurrer of defendant the city of the Village, Oklahoma, to the evidence submitted in the trial of the action below wherein plaintiffs alleged that defendant’s operation of a sewage processing plant constituted a nuisance, and sought an injunction prohibiting the plant’s continued operation and damages for loss of profits and goodwill allegedly suffered by their drive-in theatre business which adjoined defendant’s sewage plant.

In 1962, plaintiffs acquired…