Wilson v. Interlake Steel Co.

Opinion

RICHARDSON, J.

Relying on a trespass theory, plaintiffs seek damages for noise that disturbs and annoys them while causing no physical injury to their property. Under the circumstances, we will deny them a trespass remedy, while preserving the possibility of a recovery on a nuisance theory, despite their unsuccessful prosecution of a similar action for injunctive relief in 1974. Accordingly, we will reverse the judgment in defendants’ favor and remand the case for a determination of the nuisance issue.

Plaintiffs are 22 retirees who own or reside in 14 homes adjacent to defendants’ steel…