Ainsworth v. Oil City Brass Works
In Ainsworth v. Oil City Brass Works, 271 S.W.2d 754 (Tex. Civ. App.--Beaumont 1954, no writ), C.H. Ainsworth sold property to Oil City Brass Works while knowing that the property would be used to establish a forge shop. Id. at 755-56.
Years later, Ainsworth's successors, who owned property adjacent to the forge shop, complained about noise and vibrations coming from the shop, which conducted operations on a twenty-four hour basis. Id. Oil City Brass Works sought a declaratory judgment that estoppel precluded the complaints. Id. at 757. The Beaumont court affirmed the trial court's judgment on estoppel, explaining:
"We believe that the trial court properly held that the successors are estopped to complain of Oil City Brass Works's ordinary, careful, and prudent installation and use of the forging plant on that property . . . . It was naturally to be expected and contemplated that when Oil City Brass Works bought the property and acquired thereby under the facts before us the right to operate thereon on a forging shop, it could thereafter operate whatever type of machinery and hammers the growth of its business and the development of the industry in which it was engaged would require it to use in the course of its business." Id. at 763.