McCombs v. Joplin 66 Fairgrounds, Inc.

MONTGOMERY, Presiding Judge.

Plaintiffs filed suit against Defendant for abatement of a nuisance. According to Plaintiffs’ First Amended Petition, the noise, dust, dirt, fumes, and light from Defendant’s three-eighths mile clay/dirt automobile racetrack penetrates their property and homes. Plaintiffs alleged that Defendant’s operation of the racetrack is a nuisance and eliminates their right to peaceful enjoyment of their property. Plaintiffs prayed for a permanent injunction restraining Defendant from operating a racetrack on its premises. Following a bench trial, the trial court found that…