Keene v. City of Huntington

In Keene v. City of Huntington, 79 W.Va. 713, 92 S.E. 119 (1917), the Court concluded that an incinerator plant which continuously emitted offensive odors was a permanent nuisance, reasoning that where the injury to real estate is such as to affect its value permanently, permanent damages can be recovered for that injury; or, if the character of the agency, from the operation of which the injury arises, is such that it can reasonably be expected to continue for an indefinite time, and its operation in the ordinary and proper way produces the injury complained of, the plaintiff not only can, but he must, if he would recover damages at all, sue and recover permanent damages. He can have but one suit for the purpose. Id. at 724-25, 92 S.E. at 124.