In Brief
An advocate sued his neighbor, the operator of a flour mill with expeller and ice factory machines, for permanent injunction against noise and air pollution after the neighbor switched from electric to diesel generator operation in 2003. The neighbor's machines caused wall cracks, vibrations, and health issues. The trial court and first appellate court granted injunction. The High Court reversed, holding the suit time-barred because the flour mill started in 1990 (with electricity), 14 years before the 2004 suit filing. The Supreme Court allowed the appeal, holding the cause of action arose in 2003 when diesel operation began, making the 2004 suit timely. The Court also found the limitation plea improperly raised for the first time in second appeal and emphasized the continuing nature of nuisance.
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