Boomer v. Atlantic Cement Co., Inc., 309 N.Y.S. 2d 312, 257 N.E.2d 87 (N.Y. App. 1970

Mr. Boomer and his neighbors unfortunately decided to purchase their slice of the American dream in Ravena, New York next to the Atlantic Cement Factory (currently the Lafarge Cement Factory). The dirt, smoke, and vibrations that emanated from the factory however, became too much to bear. Mr. Boomer sued the cement factory claiming that their operation was a nuisance that devalued his property. Further, he sought an injunction to force the plant to suspend all operations. The Supreme Court found for Boomer and awarded temporary damages. However, they did not grant an injunction. Undeterred Boomer pressed on appealing the case to the Appellate Division. The Appellate Court affirmed. Justice still eluded Boomer then took his case to the highest court in the state, The New York Court of Appeals. The court partially reversed and awarded Boomer permanent damages, but no permanent injunction. The Court opined that an injunction did not make economic sense. After all, there was nothing Atlantic could do to fix the problem and Boomer's damages were relatively small in comparison with the value of Atlantic's operation. A visit to the sight today reveals that 30 years have done little to lessen the plant’s impact on the surrounding property. Smoke continues to spew and disconcerting sounds echo through the air. Situated directly across the street from the plant is the local high school. A marvelous view of the plant can be had from the bleachers on the schools football field. Most unfortunate zoning, but great economic sense poor poor Ravena!