The trial court has the full discretionary power to assess the value of the work before it, and if it assigns an expert, it is not legally bound to his report and has the authority to take it into account or not. It is also not obliged to respond to the assignment of another expert in the lawsuit whenever it finds in the previous assigned expert’s report and in the lawsuit documents sufficient elements to make its opinion. The court of appeal is not to be blamed for taking opinions of the expert’s report regarding the type of harm and its effect on the appellees residents, and left the rest of suggestions as long as it has justification for doing so.

In addition, according to Article 91 of the Obligations and Contracts Code, the authorization issued by the qualified authorities does not constrain the filing of lawsuit tending to remove harm. Also, the fact that the appellees recently moved to the neighborhood cannot prevent them from filing the said lawsuit that aims to eliminate the changing harm which cannot be affected by duration.