Topic
Nuisance
241 published works
PropertyProf Blog
Charter School Sues Abortion Protesters
A land use dispute between a charter school and protesters targets a nearby Planned Parenthood Clinic:Leaders at a public charter school in Northeast Washington filed a lawsuit Wednesday against antiabortion…
PropertyProf Blog
Lewyn on Nuisance and Apartment Buildings
Michael Lewyn (Touro) has posted Is an Apartment a Nuisance? (Real Estate Law Journal) on SSRN. Here's the abstract:In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment…
The Energy Law Blog
A Rose by Any Other Name: Texas Court of Appeals Says Nuisance “Symptoms of Discomfort” Require the Same Proof of Causation as “Disease”
By Michael A. Golemi, Liskow & Lewis
In what may appropriately be called a “swing and a miss”, the Fourth Court of Appeals in San Antonio has rejected plaintiffs’ attempt to avoid the need for medical expert…
Class Defense Blog
Eighth Circuit Decertifies Environmental Nuisance Class Action Alleging “Fear of Contamination” Without More
The Eighth Circuit recently issued a decision reversing class certification for lack of commonality. In Smith v. ConocoPhillips Pipe Line Co., the Eighth Circuit considered a class action proceeding on a…
Environmental Law
It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context
The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such…
Energy & the Law
Compressor Station Negligent Nuisance Verdict Reversed
Therapist: “We're here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component…
inversecondemnation.com
Wisconsin App: Town’s “Scare Gun” Permit Requirement Not A Taking
There are many ways to keep nuisance birds off of your building or away from your crops.There's this one, a plastic owl perched on the 4th floor of the Maui…
PropertyProf Blog
Is an Unmowed Lawn a Nuisance?
An Ohio couple is fighting with their local government over whether they can keep their lawn unmowed. They appear to have a pretty good case:Ohio couple Sarah Baker and Daryl…
Colorado Homeowners Association Law
The Bare Facts about Covenant Enforcement
By Winzenburg, Leff, Purvis & Payne, LLP
It’s that time of year again, when the weather is changing and people are spending more time….naked in their doorways? No, this is not an early April Fool’s joke. According…
PropertyProf Blog
Murray on Detroit’s Eminent Domain Takings
Yxta Murray (Loyola LA) has posted Detroit Looks Toward a Massive, Unconstitutional Blight Condemnation: The Optics of Eminent Domain in Motor City (Georgetown Journal on Poverty Law and Policy) on…