ELR Citation: ELR 20176
No(s). 5092 (Nev. Dist. Ct. Dec 8, 1971)

The defendant cement factory, which emitted 27,000 pounds of cement dust per day settling on the property of the plaintiffs, constituted a nuisance. The continued operation of the plant without any filtration system constituted express malice in view of the fact that filtration systems were used on other cement kilns operated by the defendant and there had been repeated attempts to induce defendant to filter this kiln. Plaintiffs are entitled to damages aggregating $1,865,298.31, consisting of special damages, general damages, and punitive damages.

Counsel for Plaintiffs
Peter Echeverria
Echeverria & Osborne
555 South Center Street
Reno, NV 89501

Counsel for Defendants
John C. Renshaw
Vargas, Bartlett & Dixon
195 South Sierra Street
Reno, NV 89501