(Court opinion corrected 6/24/20.) Plaintiffs sued owner of a strip mall and operator of grocery store, seeking to enjoin alleged violations of City's land-use ordinance and damages for alleged noise, light, and air nuisances arising from operation of grocery store. Court erred in dismissing Plaintiffs' private-nuisance claims. Because Plaintiffs allege a temporary nuisance, they may properly seek recovery only for personal inconvenience, annoyance, and discomfort suffered on account of the nuisance, and the Moorman doctrine does not bar such damages, as they are not economic losses or injuries but a form of personal injury. Plaintiffs alleged sufficiently specific facts as to testing and that truck noise in delivery area of store significantly exceeds allowable limits. Court erred in dismissing Plaintiffs' noise-ordinance-violation claims. (SCHOSTOK and BRENNAN, concurring.)s
Illinois Appellate Court
Civil Court
Ordinances