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`I u, <br />mpleted their <br />and argument <br />er licensee had <br />vte and regula- <br />apeeific fmdwgs <br />asee had, in fact, <br />Iduct He then <br />ue of any prior <br />f was informed, <br />June 1974 the <br />ad imposed a 3- <br />xnaee for allow- <br />ing machines on <br />a representative <br />roue argued that <br />zld be imposed, <br />asserted that s <br />e more appropri- <br />30~1ay suspen- <br />d that licensee's <br />us matter," that <br />Is matter all the <br />;ht "there is a <br />' The licensee <br />submitted to the <br />his conclusion <br />city." We dis- <br />ie testimony of <br />ho testi£ed that <br />rash and partly <br />at another bar, <br />im W use those <br />g machine; that <br />licensee's man• <br />bartender told <br />as also waiting <br />cony, combined <br />previous auspen• <br />„ was suffirjeni <br />rnnce that licen- <br />rn" of allowing <br />concur. <br />1.ABBE v. STEFFENS Colo. 1067 <br />Clu r 7S1 -]d Ip7 ICeln~yy. IMq <br />The Law Firm of Melat d Pressman, <br />Manuel LABBE and Gloria I.abbe, Glenn S. Pressman, Colorado Springs, for <br />Plaintiffs-Appellees, plaintiffs-appellees. <br />v. <br />Louie A. STEFFENS, <br />DetendantrAppellant <br />Holland and Hart, Gregory R. Piehe, <br />Denver, Terence P. Fagan, Colorado <br />Springs, for defendant-appellant <br />No. BSCA0734. <br />Colorado Court of Appeals, <br />Div. III. <br />Feb. 4, 1988. <br />Operator of car wash appealed from <br />order of the District Court, EI Peso Coun- <br />ty, Hunter D. Hardeman, J., which adjoined <br />operation of the ear wash as a nuisance. <br />The Court of Appeals, Sternberg, J., held <br />that: (1) evidence sustained determination <br />that taz wash was a nuisance, and (2) it <br />was proper to.award damages for period of <br />time prnor to adjacent landowners first <br />complaint about the operation. <br />Affirmed. <br />1. Nuisance X33 <br />finding that car wash was a nuisance <br />was supported by evidence that it was op- <br />etated on a 24-hour basis immediately ad- <br />jacent to residences, that lazge diesel <br />trucks used it, that engines would idle for <br />periods of one hour or more and would <br />emit obnoxious fumes, and that owners of <br />automobiles would operate their radios <br />loudly while in the drying area adjacent to <br />the residential property. <br />2. Nuisance 4050(1) <br />Plaintiffs were entitled w award of <br />damages for period prior to their eom- <br />Plaints about operation of car wash, which <br />was enjoined as a nuisance, where eaz <br />wash had been operated adjacent to resi- <br />dential property oa a 24-hour basis during <br />which tune large diesel weks would idle <br />for a period of one hour or more and auto <br />mobile owners would operate their radios <br />loudly while in the drying area <br />STERNBERG, Judge. <br />This is an appeal from a judgment of the <br />trial court finding that the manner in which <br />the defendant operated a ear wash bu~i- <br />ness caused damages to the plaintiffs who <br />were the owners of property adjoining the <br />car wash. The trial court also entered an <br />injunction; however, following the trial of <br />this ease, the plaintiffs sold then property <br />and by agreement of the parties and the <br />purchaser of plaintiffs' property, the in- <br />junction was dissolved. We affirm. <br />~[ll We find no merit in defendant's con- <br />tention that the trial court erroneously de- <br />termined the car wash to be a nuisance. <br />There was evidence in the rernrd sufficient <br />to support this finding and conclusion; <br />thus, it may not be overturned on review. <br />See Page v. Clark, 197 Colo. 306, 592 P.2d <br />792 (1979); Allison v. Smith, 695 P.2d 791 <br />(Colo.App.1984). See also Jaeus, Colorado <br />Common Lain Aciioas to Abate the Mis• <br />handling of Hazardous Materials, I6 <br />Colo.Iawyer 2191, (December 1987). <br />Relying on Baughman v. Cosier, 169 <br />Colo. 534, 459 P.2d 294 (1969), the defend- <br />antchallenges the award of damages to the <br />plaintiffs for the period beginning in 1980 <br />and extending until they first complained <br />about the ear wash. The defendant con- <br />tends that, before a plaintiff can receive <br />damages in a nuisance action, the defend- <br />ant must have notice of the tronduet which <br />constitutes the nuisance. Since the first <br />complaint of damages from the operation <br />of the car wash was received N 1983, the <br />defendant asserts that damages cannot be <br />awarded for the period prior to that time. <br />We disagree with defendant <br />In Baughman, a leak from an abea- <br />doned underground butane gas line result- <br />