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iEl <br /> I .above continues to spread and cause further subsurface soil and <br /> 2 `groundwater contamination on the Toga's >Property. <br /> 3 35. The aforementioned occupation and use of the Togcfs <br /> 4 Property or Exxon Property by Defendants, and each of them, <br /> 51 constitutes a nuisance within the meaning of 53479 of the Civil <br /> 6 Coder in that it interferes with the use and enjoyment of the <br /> 7 Tow's Property, and continues to do so. <br /> 36 Defendants, and each of them, created the nuisance as <br /> 9 alleged above as a result of the unnecessary, unreasonable, and <br /> Io injurious methods of operation of their businesses, .including the <br /> II underground storage tank systems,. <br /> 12 37. Defendants, and each of them, have threatened to, and. <br /> 13 wi11, unless restrained by this Court., continue to maintain the <br /> 14 nuisance by failing to remediate the damage, and each and: every <br /> 15 failure to act has been, and will be, without. the consent, <br /> 16 against the.: will:, and in violation of the rights of City and <br /> 17 FDIC.. <br /> 2 38. As a proximate result of the nuisance created by the <br /> 19 <br /> Defendants and ;each 4f therm, City and FDIC has been, and will <br /> 20 continue: to incur damages and costs necessary, among other. <br /> 21- things, to; complete the investigation and remediation of the <br /> 22 subsurface contamination:. <br /> 23 39 As a. further proximate result of the nuisance, the <br /> 24 value of the Togo's Property has been diminished by an. amount to <br /> 25 be proven at trial. Unless the nuisanoe a abated, the Togoils <br /> 26 Property will be progressively further diminished in value. <br /> 27 40. Unless Defendants, and each of them, are restrained by <br /> 28 Order of: this. Court from continuing their non-responsive course.: <br /> -9- <br />