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~$ Colo. 601 PACIFIC REPORTER, 2d SERIES <br />Doan did not err in taking judicial notice of <br />velocity o! wind in Boulder County during <br />time period in question. <br />& Nuisance 450(1) <br />Award of damages in private nuisance <br />action was not ezceasive. <br />Norton Frickey b Amoriatea, Dan R'. <br />Corson, Denver, for plaintiffsappelleea. <br />Louie A. Morrone, Denver, for defendan4 <br />appellant <br />KELLY, Judge. <br />Tina Marie Homes appeals the trial <br />court's award of damages in an action by <br />Richard and Peggy Lowder for private nui- <br />sance. Tina Marie contends that the trial <br />mart erred in finding that iU conduct <br />amounted to intentional private nuisance <br />interfering with the Lowdere' use and en- <br />joyment of their property. It further ar- <br />goes that the trial court erred in taking <br />judicial notice of the velocty of the wind in <br />Boulder County, and that the damages <br />awarded by the trial mart were ezrevive <br />R'e affirm. <br />The Lowders owned property immediate- <br />ly to the east of s vacant lot owned by Tina <br />Marie Homes. In September 1979, the va- <br />cant lot was scraped and leveled with hoary <br />machinery, a process which removed all of <br />the vegetation and left the soil in a loose <br />and sand}• condition. Beginning in January <br />1974, and continuing through March 1975, a <br />series of heavy windeWrms reused a sub <br />etantisl amount of Boil to be blown from <br />Tina Marie's vacant lot ceasing high dritu <br />of dirt to be deposited on the Lowders' <br />property. <br />In making its findings, the trial mart <br />took judirie] notice of the high winds in <br />Boulder County omurring from October <br />through Marr2t. The mart found that the <br />wind-blown dirt unreasonably interfered <br />with the Lowders' use and enjoyment of <br />their property and caused them damage in <br />the form of removal cosu, loss of enjoy- <br />ment, and annoyance, inconvenience, and <br />discomfort The court also found that Tina <br />Marie intentionally caused the scraping of <br />the property to be aemmpluhed, that the <br />injury was forrseeable, and that Tina Marie <br />should have known the mneequenoee W fol- <br />low. The court concluded that Tina Marie's <br />conduct constituted a private nuieanae <br />(1] to a private nuisance action, the <br />plaintiff must establish that the defendant <br />unreasonably interfered with the use and <br />enjoyment of hie property. Miller v. Carna- <br />tion Co., 99 Colo.App. CL, 616 PTd 661 <br />(1979). Additionally, the interference <br />which occurs must be substantial in mture <br />in that it would be offensive or cause incon- <br />venience or annoyance w e reaeoneble per- <br />son in the community. Northwn2 Water <br />Corp. v. Pennetta, 29 ColoApp. 1, d79 P2d <br />998 (1970). <br />[2J Liability for nuisance may rest upon <br />any one of three types o! conduct: an in- <br />tentional invasion of a person's interest; s <br />negligent invasion of a penon'e interest; <br />or, conduct w dangerous to life or property <br />and so abnormal or outo!-place in its eur- <br />roundinge ae to fall within the principles of <br />strict liability. Baughman v. Cooler, 169 <br />Colo. 594, 459 P2d 29d (1969). Tina Marie <br />argues that the trial mart found that its <br />conduct constituted an inuntional invasion <br />of the plaintiffs' interesu and rejected the <br />remaining two thmries of nuisance. We <br />disagree. <br />[9] The trial court held that the defend- <br />ant's conduct was "intentional in that they <br />reused the soaping of their property w be <br />accomplished, and they should have known <br />the consequences to follow from that scrap- <br />ing." The mart did not ind, however, that <br />the defendant intentionalh• inurfered with <br />the plaintiffs' interesU, but rather, that the <br />defendant should have known the conee- <br />quenoes to follow from the intentional <br />scraping of iu land. Thus, the court predi- <br />nted liability on a negligence theory of <br />nvinance arising out of a failure to take <br />precautions against a risk apparent W a <br />reasonable person. See W. Prosser, Torts <br />§ 87 (4th ed.). <br />[4] Tina Marie further argues that the <br />consequences of the action of the scraping <br />