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Estancias Dallas Corporation v. Schultz

Court of Appeals of Texas (1973) | 500 S.W.2d 217; 79 A.L.R. 3d 311; 1973 Tex. App. LEXIS 3016

4 min read

TL;DR: Homeowners sued an adjacent apartment complex over extreme noise from its air conditioning unit. The court upheld an injunction, finding the harm to the homeowners outweighed the defendant's abatement cost, especially absent a compelling public interest in the nuisance-creating activity.

Legal Significance: Establishes that when balancing equities for a nuisance injunction, a defendant's significant private economic cost of abatement is insufficient to deny relief. A showing of a compelling public benefit or necessity from the nuisance-creating activity is required to relegate the plaintiff to damages.