The Delaneys brought suit in federal court alleging that noise emanating from the Lafarge manufacturing plant located approximately one-half mile from their property was a nuisance. They also asserted theories under trespass, negligence and ultra hazardous activity. The FBT litigation team conducted extensive fact discovery which included the placement of sound monitoring devices on the Delaney property that was capable of differentiating the source of sounds that were detectable on the property. The FBT Team filed a summary judgment motion based upon the statute of limitations. The matter was resolved following a confidential mediation.
Delaney et al v. Lafarge