[¶ 1] Francis A. Cormier and the Galilean Gospel Temple appeal from the judgment entered in the Superior Court (Hancock County, Marsano, J.) finding them jointly and severally liable for a private nuisance created by quarrying activities, awarding $20,000 in damages to Manford and Helen Eaton and granting the Eatons a permanent injunction that restricts quarrying activities to the hours between 10:00 a.m. and 2:00 p.m. Monday through Friday. The Eatons cross-appeal and argue that the court erred by not completely enjoining all quarrying activity and by limiting its damage award. We affirm the judgment.
[¶ 2] This is the second time this case is before us.
See generally Town of Stonington v. Galilean Gospel Temple,
[¶ 3] Following our remand, the court conducted a hearing in which it took notice of evidence introduced in the prior proceeding and heard additional evidence regarding conditions on the Eatons’ property since the prior proceeding. It also heard testimony from officials of the Town of Stonington regarding their monitoring of the noise levels generated by the quarry and testimony from Cormier’s son who acts as foreman at the quarry. The court then issued its decision in which it found that the quarrying activities constituted a *1008 private nuisance and from which the parties appeal.
[¶ 4] We review the issuance of an injunction for an abuse of discretion.
See State v. Shattuck,
[¶ 5] With respect to the determination of damages, we have made clear that a damage award is the sole province of the factfinder and that we will disturb a damage award only if there is no basis in the evidence for it.
See Tang of the Sea, Inc. v. Bayley’s Quality Seafoods, Inc.,
[¶ 6] Conversely, although we have recognized the well-established principle that “coming to the nuisance” does not act as a bar to a suit for nuisance,
see Jacques v. Pioneer Plastics, Inc.,
[¶ 7] Finally, as we noted in our last opinion in this case, a landowner is liable for a nuisance created by the activity of a third party on the land if (1) the possessor knows or has reason to know that the activity is being carried on and that it is causing or will involve an unreasonable risk of causing the nuisance, and (2) the possessor consents to the activity or fails to exercise reasonable care to prevent the nuisance.
Galilean Gospel Temple,
[¶ 8] It is clear that the Temple consented to Cormier carrying on the activity that caused the nuisance in this case, therefore the real issue for purposes of *1009 determining joint and several liability is whether the Temple knew or had reason to know that the activity “involve[d] an unreasonable risk of causing the nuisance.” Restatement (Seoond) of Torts § 888(a) (1979). As the comment to this portion of the Restatement notes, however, “if the possessor has reason to believe ... that the activity itself creates an undue risk of a nuisance ... he is liable for the harm caused by the activity.” See id. at § 838 cmt. e. Given Cormier’s relation to the Temple and the degree of his involvement in the quarrying operation, we cannot say that the court committed clear error when it found that Cormier’s knowledge was imputable to the Temple and that the Temple was therefore aware of the risk of nuisance the activity posed. Therefore, the court did not err when it determined that Cor-mier and the Temple are jointly and severally liable for the nuisance.
The entry is:
Judgment affirmed.
