Nuisance Flashcards
Fountainbleu
FB began constructing a fourteen story tower which blocked the light of neighboring hotel P claimed shadows were unfit for the use and enjoyment of its guests and causing irreparable injury to business
RUle: a property owner may be prevented from causing injury to a neighbors property that are protected by law and there is no legal right to flow of air and light from a neighboring property.
See property/liability chart.
Baker
Farmer marries first wife and has children. Marries third wife and farms with her. After death, he left the property to wife as a life estate and her children. If no children then to his children from first marriage.
Rule: in determining whether to conduct a judicial sale of property, equity courts can consider whether a sale is necessary for the best interest of all parties.
The sale interfered with children’s right to possess the property after Anna’s death.
Spur
Both private and public use case. Landowner does not have an absolute right or unlimited right to use the land in a way which injures the rights of others. D sued P alleging that feedlots were a public nuisance due to odors and flies
Rule: in order for something to be a public nuisance it must occur in a populous area and be dangerous to public health, or a place where health, comfort and convenience is affected.
Feedlot was clearly a public and private nuisance. D is entitled to injunction because the harms that the homeowners face however D brought those people there and didn’t think to buy land south of the development to prevent encroaching on land. Because D brought the nuisance, he must indemnify P for any costs accrued from moving to new business
Atlantic Cement
D began construction and operated a cement plant. P neighboring property owners were affected by the construction and sued seeking injunction and damages . Court awarded permanent damages. Court rejects injunction as it would force the cement to close and thereby harm the public.
D was required to pay damages or injunction would lie
Permanent damages meant that future damages could not be brought
