Stevens v. Hay

Plaintiffs brought this suit to enjoin the defendants from releasing into the air particulates which were carried onto plaintiffs’ property. Plaintiffs alleged that these particulates caused them to become ill and asked for damages because of their illness. The trial court ordered a limited injunction and awarded nominal damages. Plaintiffs, appeal.

Plaintiffs, husband and wife, and their two children, ages eight and ten, live in a beach resort community where plaintiffs operate a restaurant and small motel. Adjoining plaintiffs’ operation, on the beach to the north, defendants operate a…