`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 />
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