Gentleman, below you will find legal precedent for our grounds to file suit against your corporation: Private Nuisance A private nuisance is an interference with a persons enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. Examples of private nuisances abound. Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an underground water supply. Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupants mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred. An attractive nuisance is a danger likely to lure children onto a persons land. For example, an individual who has a pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children. Trespass is sometimes confused with nuisance, but the two are distinct. A trespass action protects against an invasion of ones right to exclusive possession of land. If a landowner drops a tree across her neighbors boundary line she has committed a trespass; if her dog barks all night keeping the neighbor awake, she may be liable for nuisance. Legal Responsibility A private nuisance is a tort, that is, a civil wrong. To determine accountability for an alleged nuisance, a court will examine three factors: the defendants fault, whether there has been a substantial interference with the plaintiffs interest, and the reasonableness of the defendants conduct. Fault Fault means that the defendant intentionally, negligently, or recklessly interfered with the plaintiffs use and enjoyment of the land or that the defendant continued her conduct after learning of actual harm or substantial risk of future harm to the plaintiffs interest. For example, a defendant who continues to spray chemicals into the air after learning that they are blowing onto the plaintiffs land is deemed to be intending that result. Where it is alleged that a defendant has violated a statute, proving the elements of the statute will establish fault. Substantial Interference The law is not intended to remedy trifles or redress petty annoyances. To establish liability under a nuisance theory, interference with the plaintiffs interest must be substantial. Determining substantial interference in cases where the physical condition of the property is affected will often be fairly straightforward. More challenging are those cases predicated on personal inconvenience, discomfort, or annoyance. To determine whether an interference is substantial, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. A plaintiff cannot, by putting his or her land to an unusually sensitive use, make a nuisance out of the defendants conduct that would otherwise be relatively harmless. Reasonableness of Defendants Conduct If the interference with the plaintiffs interest is substantial, a determination must then be made that it is unreasonable for the plaintiff to bear it or to bear it without compensation. This is a Balancing process weighing the respective interests of both parties. The law recognizes that the activities of others must be accommodated to a certain extent, particularly in matters of industry, commerce, or trade. The nature and gravity of the harm is balanced against the burden of preventing the harm and the usefulness of the conduct. The following are factors to be considered: Extent and duration of the disturbance; Nature of the harm; Social value of the plaintiffs use of his or her property or other interest; Burden to the plaintiff in preventing the harm; Value of the defendants conduct, in general and to the particular community; Motivation of the defendant; Feasibility of the defendants mitigating or preventing the harm; Locality and suitability of the uses of the land by both parties. Zoning boards use these factors to enact restrictions of property uses in specific locations. In this way, zoning laws work to prohibit public nuisances and to maintain the quality of a neighborhood.
Posted on: Tue, 15 Oct 2013 18:14:53 +0000
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