Estancias Dallas Corp. v. Schultz
500 S.W.2d 217 (1973)
Schultz lived next to an
apartment complex (with 155 apartments) owned by Estancias. The apartment
used a very loud air conditioner. Schultz sued for an injunction on the
basis that the noise was a nuisance.
The Trial Court found for
Schultz. Estancias appealed.
Estancias was barred from
using their air conditioner, and Schultz was awarded $10k in damages.
The Appellate Court affirmed.
Estancias unsuccessfully
argued that the Trial Court had not applied a balancing test.
Using the doctrine of
balancing of equities, the Court can
consider the injury that will result to the defendant and the public by
granting the injunction, and compare that to the injury that would be
suffered by the plaintiff by denying the injunction.
Also known as the doctrine
of comparative injuries.
It would have cost
Estancias over $150k to install a quieter air conditioner.
Courts today would probably
not rule this way, they'd weigh the gravity of the harm against the
utility costs.
