ABSTRACT
After deciding that a defendant in an environmental law suit is responsible for the pollution or other environmental damage the court must decide on an appropriate judicial remedy. Where the plaintiff has suffered damages or injury that may be measured in monetary terms, compensatory damages may be appropriate. Plaintiffs' property consists of an outdoor-movie theater and an outdoor restaurant; a large motel with an outdoor swimming pool is in the process of being constructed. The court's finding that the plaintiffs were substantially injured in their use and enjoyment of their property and that the value of the property was affected is not against the great weight and clear preponderance of the evidence. However, there are situations in which the balancing of convenience or equities is attempted by the court and the decree does provide in detail how the nuisance shall be abated or partially controlled.
