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Flashcards in 4) Nuisance Deck (24):
1

nuisance per se

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

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

Dobbs v. Wiggins

3

nuisance: light and air rule EXCEPTION

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

4

nuisance: right to farm defense

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

5

nuisance: unreasonable (W) -- def

--gravity of harm outweighs the utility of actor's conduct

6

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

statute easement k

7

difference btwn nuisance and trespass

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

8

trespass and nuisance at the same time

if it's quasi-physical, like smoke

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)...

Fontainebleau Hotel Corp v. 4525 Inc

10

nusiance elements (4)

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

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

Prah v. Maretti

12

Page County Appliance Center v. Honneywell

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

13

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

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

14

nuisance: i relationship w intent and negligence

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

15

Dobbs v. Wiggins

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

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

Page County Appliance Center v. Honneywell

17

nuisance: light and air

generally NO right to light and air under nuisance law

18

ancient lights

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

19

nusance: substantial (2)

more than aesthetic, effect on reasonable person...

20

Prah v. Maretti

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

21

nuisance: strict liability standard for______

ultrahazardous activities

22

relationship btwn nuisance and zoning

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

23

nuisance: interference: intent

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

24

nuisance: unreasonable (W) -- factor test

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