nuisance and zoning

Question 1

whether a land use is producing an unreasonable impact (nuisance) balancing test:

Answer 1

1) utility of the defendant’s conduct;
2) gravity of harm to the plaintiff;
3) suitability to the area;
4) priority of use;
5) cost to the plaintiffs and defendant of avoiding the harm; and
6) practicability of abating the nuisance.

Question 2

justification for zoning

Answer 2

a means of prosepctively limiting the harms that might arise from the proximity of incompatible land uses.
Public law tool to avoid the nuisance before it happens.
Tool to influence the composition of their communities and tax and budgeting implications that flow from that composition.

Question 3

What is the definition of nuisance?

Answer 3

Substantial and unreasonable interference with the use or enjoyment of land.

Question 4

List the factors considered in the balancing test for nuisance.

Answer 4

• Utility of the defendant’s conduct
• Gravity of harm to the plaintiff
• Suitability to the area
• Priority of use
• Cost to the plaintiffs and defendant of avoiding the harm
• Practicability of abating the nuisance.

Question 5

What does extreme sensitivity in nuisance claims mean?

Answer 5

Extreme sensitivity would be barred from recognition; the standard is ‘ordinary person’s sensitivity.’

Question 6

what’s the justification for nuisance law? (Miller v. Schoene, apple tree)

Answer 6

the way of allocating resources between two parties.

“reasonable choice” is in historical context. The waste of dismantling the operation may weigh against finding a nuisance

Question 7

What is anticipatory nuisance?

Answer 7

Most courts agree that a claimant seeking an injunction against a use that is not yet in place must prove with near certainty that the use will constitute a nuisance.