Chapter

Property Rules and Liability Rules: Practice

From Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 by Christian

Concepts

1. Judicial Role

   "Boomer v. Atlantic Cement Co., 26 N.Y.2d 219 (1970). Defendant operated a large cement plant near Albany. Neighboring landowners brought actions for injunctions and damages, alleging injury to their

2. Injunction Rule

   "The cement-making operations had damaged the nearby properties of the plaintiffs, and the defendant was found to maintain a nuisance. The total damage to the plaintiffs’ properties was relatively sma

3. Permanent Damages

   "The lower courts awarded damages for the amounts incurred up to trial but denied an injunction, leaving the plaintiffs to maintain successive actions for damages as further harm occurred. The court a