In Atkinson v. City of Pierre, Atkinson sued the city for not taking action to force an ice-making plant next to her apartment building to make less noise. Her suit contended:

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Atkinson's suit is based on the fact that the ice-making plant's noise is disrupting her peaceful enjoyment of her property. This is a classic case of a nuisance, which is defined as any activity that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance.

In Atkinson V