Federal Court Allows Neighbors to Sue Baker for Nuisance

ROCHESTER, N.Y. - A federal judge has dismissed Clean Air Act claims brought by neighbors of a bakery but rejected efforts to dismiss negligence and nuisance claims arising from the same alleged windborne mold contamination. Black v. George Weston Bakeries Inc., No. 07-CV-853S (W.D. N.Y.).

Judge William M. Skretny of the U.S. District Court for the Western District of New York also ruled Nov. 13 that plaintiffs have alleged sufficient willfulness on the part of the defendant to pursue punitive damages.

James A. Black and his wife, Beverly, filed a lawsuit in New York state court alleging that George Weston …