Background
Temporary Damage: Compensate only for past harms, do not prevent future litigation
Permanent Damage: Compensate for past harms and anticipated future harms
Quick description
Atlantic Cement Co. operates a cement plant, which strongly affects the neighborhood landowners (including Boomer), so Boomer and other neighbors sued for injunction and damages.
Precedents dictate that such nuisances (滋扰) should be remedied by an injunction
However, the lower court admit that there exists a nuisance, but only allow a Temporary Damage, the injunction is denied.
So, the plaintiffs （原告）appealed. The court think that the injunction is inefficient.
They notice that substantial damage associated with the public nuisance. Since the Value of operation >> the harms the company caused, the disparity exists.
Since there is also significant Transaction Cost, A lot of landowners means Hold-out Problem.
So the injunction is not efficient, and