Boomer v. Atlantic Cement Co.
- Boomer v. Atlantic Cement Co.
"Boomer v. Atlantic Cement Co.", 26 N.Y.2d 219, 309 N.Y.S.2d 312(N.Y. 1970)
In Boomer New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. The case is often cited as an illustration of the law and economics approach in nuisance law and property law. The court granted an injunction against a cement plant for nuisance, but permitted the plant to pay permanent damages after which the court would vacate the injunction. In essence, the court permitted the plant to pay the net present value of its effects and to continue polluting.
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