Hilliard v. Shuff

SANDERS, Justice.

The plaintiff, Francis Hilliard, sued to enjoin Elden Ray Shuff from maintaining four aboveground fuel storage tanks on his property adjacent to the Hilliard residence. The Fifteenth Judicial District Court held that plaintiff’s evidence failed to establish a nuisance and denied injunctive relief. The Third Circuit Court of Appeal affirmed. 241 So.2d 56.1 We granted certiorari to review the judgment of the Court of Appeal. 257 La. 454, 242 So.2d 577 (1971):. The facts of the case are clear. Hilliard owns a tract of land in a commercial area north of Interstate Highway 10 near…