Venuto v. Owens-Corning Fiberglas Corp

In Venuto v. Owens-Corning Fiberglas Corp. (1971) 22 Cal.App.3d 116, the plaintiffs sued a fiberglass manufacturing company, alleging public nuisance caused by emissions from the plant severely polluting the air, obstructing the public view of the hills, and injuring the public's health. The Venuto court held the view obstruction or interference caused by the emission of smoke and other waste matter did not constitute a nuisance. (Venuto, supra, 22 Cal.App.3d at p. 127.) The Venuto court stated that a building or structure is not a nuisance merely because it obstructs the view from neighboring property or interferes with the passage of light and air to adjoining premises. (Ibid.) The Venuto court noted that the nuisance rules originated from "the repudiation of the English doctrine of 'ancient lights' under which a landowner acquired, by interrupted user, an easement over adjoining property for the passage of light and air on the basis that 'it is not adapted to the conditions existing in this country and could not be applied to rapidly growing communities without working mischievous consequences to property owners.' Accordingly, in this state an owner of property may construct or erect on his land any sort of structure provided it is not such as the law will pronounce it a nuisance, but it is not a nuisance merely because it obstructs the passage of light and air to the building of the adjoining owner or merely because it obstructs his view of neighboring property. " (Venuto, supra, 22 Cal.App.3d at p. 127.)