Wheeler v. LEBANON VALLEY AUTO RACING CORPORATION
Appellate Division of the Supreme Court of the State of New York · 2003-03-06
This case involved residents near the Lebanon Valley Speedway suing its owners and operators, claiming that increased noise from racing events and preparations since 1994 constituted a public nuisance and seeking an injunction to limit operations and noise levels. The Supreme Court found a public nuisance and imposed restrictions on days and hours of operation but rejected a specific decibel limit. The Appellate Division reversed, holding that the plaintiffs could not maintain a private action for public nuisance because they failed to prove a special injury different in kind from that suffered by the community at large, as all nearby residents were similarly affected by the noise. The court also found insufficient evidence to establish a private nuisance, as there was no proof of economic damages to the plaintiffs' properties or a basis for balancing interests to support an injunction.
