Facts
- Jeremy Guidry built a motocross track on rural property in East Feliciana Parish in 1997 for recreational use.
- About a year later, Guidry built a larger track and began operating it commercially as “Midway Motocross,” opening in early November 1999.
- The commercial operation involved frequent practice and racing, often “most days from the morning until dark,” sometimes with dozens of motorcycles running at once.
- Nearby residents complained that the noise was almost constant, very loud, and highly irritating, and that dust and fumes spread to neighboring homes and yards, interfering with ordinary use and enjoyment of their property.
- The Parish cited Guidry under its nuisance ordinance shortly after the commercial operation began; following continued complaints, the Parish adopted a noise ordinance in April 2000.
- The Parish sued for preliminary and permanent injunctive relief, alleging violations of parish nuisance and noise ordinances and asserting a public nuisance.
- Neighboring landowners intervened, seeking to enjoin the operation as a nuisance under Louisiana Civil Code articles 667 and 669.
- The trial court granted a preliminary injunction and, after trial on the merits, issued a permanent injunction stopping operation of the motocross track; defendants appealed.
Issues
- Whether the motocross operation violated parish nuisance and noise ordinances so as to constitute a public nuisance justifying injunctive relief.
- Whether the operation constituted a nuisance under La. Civ. Code arts. 667 and 669 by causing serious and material discomfort to neighboring landowners through noise, dust, and fumes.
- Whether the trial court properly granted and defined permanent injunctive relief based on the evidentiary record.
Decision
- The court of appeal affirmed the trial court’s judgment.
- The court upheld findings that the motocross operation created excessive, recurring noise and dust that substantially interfered with neighboring property enjoyment.
- The court sustained the permanent injunction prohibiting operation of the commercial motocross track on the property as conducted.
Legal Principles
- Under La. Civ. Code art. 667, a landowner may not use or improve property in a manner that deprives neighbors of enjoyment of their property or causes them damage.
- La. Civ. Code art. 669 limits activities that generate disturbances (including noise, odors, and similar inconveniences) when they exceed what neighbors must reasonably tolerate in context.
- Lawful activity in a rural area can still be a nuisance when the degree, duration, and continuity of noise, dust, or fumes impose serious and material discomfort or unreasonable interference on neighbors.
- Local nuisance and noise ordinances may be enforced through injunctive relief when evidence shows the regulated conduct falls within prohibited disturbances.
- Appellate review gives substantial deference to the trial court’s credibility calls and factual findings on the extent and effects of alleged nuisance conditions.
Conclusion
The court affirmed a permanent injunction against a commercial motocross facility because the operation’s near-continuous loud noise, dust, and fumes unreasonably interfered with neighboring owners’ enjoyment of their property and supported nuisance-based injunctive relief under both parish ordinances and Louisiana Civil Code articles 667 and 669.