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Rayborn v. Smiley

Citation: 2 ELR 20084
No. No. 8554, 253 So. 2d 664/3 ERC 1396/(La. Ct. App., 09/02/1971)

Injunction against the operation of a rendering plant in a manner which constitutes a private nuisance is modified on appeal to allow the plant owner to abate the nuisance by the installation of equipment which will prevent the odor-causing emissions. The award of damages by the trial court is affirmed. The operation of the plant in accordance with state and local health and sanitation standards does not immunize the owner from liability, if the opoeration of the plant does in fact unreasonably inconvenience a neighbor in the enjoyment of his property.

Counsel for Plaintiff
Walter J. Barnes
351 St. Ferdinand Street
Baton Rouge, Louisiana 70821

Counsel for Defendant
Iddo Pittman
Pittman & Matheny
Guaranty Bank Building
Hammond, Louisiana 70401

Before: Landry, Sartain and Ellis, JJ.