Tort – Nuisance
Where plaintiff homeowners have sued a defendant city for nuisance, continuing trespass and continuing nuisance, I find no persuasive reason for dismissing such claims or for granting the defendant...
View ArticleReal property – Nuisance – Rifle range
Where bullets from rifle and pistol ranges on the defendant’s property have struck the nearby homes of the plaintiffs, a judgment should issue with injunctive relief and damages for the plaintiffs.
View ArticleReal property – Nuisance – Drainage easement
Where a judge ordered the defendant landowners to remove a stone and earthen berm that had existed for more than 40 years, the judge’s decision must be vacated based on the status of nuisance law at...
View ArticleReal property – Trespass – Nuisance – Emotional distress
Where a jury returned a verdict holding the defendant landowners liable to the plaintiff neighbors for trespass to chattels, nuisance and intentional infliction of emotional distress, the evidence was...
View ArticleReal property – Homeless shelter – Nuisance – Negligence
Where a plaintiff property owner brought suit over the defendants’ operation of a homeless shelter, a judgment dismissing the complaint must be affirmed because the allegations are insufficient to show...
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