## Facts

- Hot Rod Hill Motor Park operated a motor-vehicle racetrack on property owned by Roger Deewayne Brown.
- Donmichael Lucas Triolo, a nearby landowner, sued alleging the racetrack’s noise and operations constituted a private nuisance that interfered with his use and enjoyment of his property.
- The trial court initially issued a temporary restraining order prohibiting races.
- The trial court then issued a temporary injunction allowing racing subject to restrictions, including an 11:00 p.m. end time and specified noise limits.
- A jury found the racetrack constituted a nuisance and awarded Triolo $3,000 for loss of enjoyment of his property, awarding no damages for loss of market value.
- The trial court entered a final judgment permanently enjoining Brown and the racetrack from conducting or allowing any motorized-vehicle races on the property, for competition or practice.

## Issues

1. Whether the trial court abused its discretion by issuing a permanent injunction without properly balancing the equities between the parties.
2. Whether the permanent injunction was overly broad or more restrictive than justified by the evidence.

## Decision

- The court of appeals affirmed the permanent injunction.
- The record did not show the trial court failed to balance the equities; an implied finding of equitable balancing supported the injunction.
- The defendants did not establish that the injunction’s broad prohibition exceeded what the nuisance evidence justified.

## Legal Principles

- A permanent injunction remedying a nuisance is reviewed for abuse of discretion.
- Absent record evidence to the contrary, an appellate court may infer the trial court balanced the equities when granting a permanent injunction after a nuisance finding.
- The availability and scope of injunctive relief in nuisance cases is not determined solely by the amount of damages awarded; lack of market-value damages does not preclude broad injunctive relief where continuing interference is shown.
- A party challenging an injunction’s breadth bears the burden to show the evidence requires a narrower remedy as a matter of law.

## Conclusion

The court upheld a permanent injunction barring all motorized-vehicle racing at the track, holding the trial court could be presumed to have balanced the equities and that the defendants failed to show the injunction was broader than warranted by the nuisance evidence.


Hot Rod Hill Motor Park & Roger Deewayne Brown v. Triolo, 293 S.W.3d 788 (Tex. App.—Waco 2009)