4) Nuisance

Question 1

nuisance per se

Answer 1

activity is so disfavored that it will be a nuisance regardless of where or what consequences (criminal activity)

Question 2

F: 69 dogs in rural area, barking H: nuisance established, but injunction to have just 6 dogs is inappropriate, need more facts to establish less broad injunction

Answer 2

Dobbs v. Wiggins

Question 3

nuisance: light and air rule EXCEPTION

Answer 3

spite fences – if malice is FULL MOTIVE then may be nuisance (but malice as partial motive irrelevant)

Question 4

nuisance: right to farm defense

Answer 4

farms immune from nuisance liability if facts giving rise to claim ahve existed for specified period of time

Question 5

nuisance: unreasonable (W) – def

Answer 5

–gravity of harm outweighs the utility of actor’s conduct

Question 6

nuisance: ways to get your light and air protected (2)

Answer 6

statute easement k

Question 7

difference btwn nuisance and trespass

Answer 7

n. is non-t. inferference (use of MY OWN Property is harming property interests of neighbors. right to quiet enjoyment less than near absolute right to not have physical invasions on land

Question 8

trespass and nuisance at the same time

Answer 8

if it’s quasi-physical, like smoke

Question 9

F: D hotel building 14 story addition that will cast shadow over beach area of P hotel H: no right to free flow of light and air across adjoining land of neighbor (unless zoning)…

Answer 9

Fontainebleau Hotel Corp v. 4525 Inc

Question 10

nusiance elements (4)

Answer 10

1) substantial and 2) unreasonable 3) interference with 4) use and enjoyment of land

Question 11

F: P had solar panels on top of his house, D wanted to build HIS house next dor but wold’ve put shade on panels H: P MIGHT have nuisance claim, reasonable use doctrine N: compliance w zoning laws dn automatically bar a nuisance claim NOT LAW NOW

Answer 11

Prah v. Maretti

Question 12

Page County Appliance Center v. Honneywell

Answer 12

F: P sold TVs and D’s computer emitted radiation which interfered w displays H: unreasonable interference must consider manner, place, circumstance notice; Negligence not required…can be liable for nuisance even if used highest possible degree of care

Question 13

nuisance: defenses (5) (not nec. absolute)

Answer 13

1) P consented or acquiesced 2) SOL, laches 3) P too sensitive 4) coming to the nuisance 5) right to farm

Question 14

nuisance: i relationship w intent and negligence

Answer 14

requires intent (but see def) does NOT require negligence in how you’re doing your activities on the property – more about the EFFECT on others than what you’re doing

Question 15

Dobbs v. Wiggins

Answer 15

F: 69 dogs in rural area, barking H: nuisance established, but injunction to have just 6 dogs is inappropriate, need more facts to establish less broad injunction

Question 16

F: P sold TVs and D’s computer emitted radiation which interfered w displays H: unreasonable interference must consider manner, place, circumstance notice; Negligence not required…can be liable for nuisance even if used highest possible degree of care

Answer 16

Page County Appliance Center v. Honneywell

Question 17

nuisance: light and air

Answer 17

generally NO right to light and air under nuisance law

Question 18

ancient lights

Answer 18

NO LONGER IN EFFECT nuisance/easement rule: you could get an easement over the light and air through your neighbor’s inaction for eg 20 years

Question 19

nusance: substantial (2)

Answer 19

more than aesthetic, effect on reasonable person…

Question 20

Prah v. Maretti

Answer 20

F: P had solar panels on top of his house, D wanted to build HIS house next dor but wold’ve put shade on panels H: P MIGHT have nuisance claim, reasonable use doctrine N: compliance w zoning laws dn automatically bar a nuisance claim NOT LAW NOW

Question 21

nuisance: strict liability standard for______

Answer 21

ultrahazardous activities

Question 22

relationship btwn nuisance and zoning

Answer 22

compliance w zoning laws dn automatically bar nuisance claim (tho in practice if often would) (see Prah v. Maretti)

Question 23

nuisance: interference: intent

Answer 23

knew or substantially certain (DNM that your purpose was to annoy your neighbors). but you knew that all that dog noise would result or subtantially certain to result in annoyance to neighbor

Question 24

nuisance: unreasonable (W) – factor test

Answer 24

1) extent of harm 2) character of harm 3) economic and social value of conflicting activities 4) suitability of the particular use or enjoyment invaded to the particular locality 5) ability of either party to avid the conflict and practicability and fairness of making the party to do so