4) Nuisance Flashcards
(24 cards)
nuisance per se
activity is so disfavored that it will be a nuisance regardless of where or what consequences (criminal activity)
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
nuisance: light and air rule EXCEPTION
spite fences – if malice is FULL MOTIVE then may be nuisance (but malice as partial motive irrelevant)
nuisance: right to farm defense
farms immune from nuisance liability if facts giving rise to claim ahve existed for specified period of time
nuisance: unreasonable (W) – def
–gravity of harm outweighs the utility of actor’s conduct
nuisance: ways to get your light and air protected (2)
statute easement k
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
trespass and nuisance at the same time
if it’s quasi-physical, like smoke
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
nusiance elements (4)
1) substantial and 2) unreasonable 3) interference with 4) use and enjoyment of land
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
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
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
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
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
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
nuisance: light and air
generally NO right to light and air under nuisance law
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
nusance: substantial (2)
more than aesthetic, effect on reasonable person…
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
nuisance: strict liability standard for______
ultrahazardous activities
relationship btwn nuisance and zoning
compliance w zoning laws dn automatically bar nuisance claim (tho in practice if often would) (see Prah v. Maretti)
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
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
