Galaxy Carpet Mills, Inc. v. Massengill

Marshall, Presiding Justice.

The plaintiffs-appellees are homeowners living in close proximity to a carpet dye plant operated by the defendant-appellant. The evidence shows that the area is predominantly residential and that the plant operated for approximately 12 years without any problems. However, in January of 1983 the appellant began operating coal-fired boilers for the production of energy at the plant, and these boilers have emitted large amounts of soot and ash, and created loud and offensive noises, greatly interfering with the appellees’ use and enjoyment of their property. This suit…