Clover Park Garden Apartments v. Bates & Rogers Construction Co.

In this action for money damages the complaint alleges that the defendant’s concrete mixing plant emitted a great deal of concrete dust which streamed into the plaintiff’s apartment building damaging the building, particularly the air conditioners and rugs; that the emission of the dust constituted a nuisance; and that the dust and noise created by the mixing plant prevented the plaintiff from renting all of its apartments.

*1044Defendant moves to dismiss the complaint on the ground that the cause of action is barred by the three-year Statute of Limitations applicable to an action to recover…