ELR Citation: ELR 20386
No(s). s. 3313, 3357 LAW (Md. Cir. Ct. Jun 3, 1972)

A chemical plant's emission of noxious odors that has been enjoined as a public nuisance also constitutes a private nuisance to all property owners who can prove that the chemical plant's emissions materially diminished the value of their property. The chemical company's actions also constitute actionable negligence because they were inconsistent with the standard of care owed to plaintiffs and did cause them damages. After repeated complaints from plaintiffs as well as state agencies, defendant failed to take corrective action to eliminate its emissions until after these emissions were enjoined as a public nuisance. Defendant's failure to utilize existing technology to alleviate injuries of which it had knowledge constitutes a breach of its duty to plaintiffs. Plaintiffs are not entitled to punitive damages because defendant acted for profits and did not act with malice.

Counsel for Plaintiffs
Leonard H. Lockhart
Leonard E. Wilson
153 East Maine Street
Elkton, MD 21921

Counsel for Defendants
William G. Kemp
Thomas G. Andrew
141 East Main Street
Elkton, MD 21921