 The author cited the state constitution—“private property shall not be taken for public use”—remarking that it does not mention private use and concluding that “the permanent impairment of private property for private purposes is not authorized in the absence of clearly demonstrated public benefit.” However, the majority's interpretation of the damage placed on the land by the nuisance held.The trial court was ordered "to grant an injunction which shall be vacated upon payment by defendant of ... permanent damage[s] to the respective plaintiffs.