Topic
Nuisance
241 published works
Energy & Environmental Law Adviser
CERCLA Displaces Common Law Nuisance Claims
By Bina Joshi
For the first time, a court has held determined that CERCLA, by itself, is sufficient to displace a federal common law nuisance claim for damages. In a January 5, 2015,…
PropertyProf Blog
Even Celebrity Chefs Get the Sued Blues
The latest nuisance lawsuit to demonstrate the failure of Coasian bargaining:Nurettin Akgul, an unhappy neighbor of Babbo, has just filed a $10 million lawsuit against Mario Batali for failing to keep…
PropertyProf Blog
When Apartment Buildings Are a Nuisance
Michael Lewyn weighs in on the Ashby Highrise fiasco in Houston:In the recent case of Loughead v. Buckhead Investment Partners, a group of Houston, Texas homeowners filed a common-law nuisance…
Keeping It Real Estate
Is a landlord responsible for a tenant’s nuisance?
By Jane Dockeray, Ingrid Stables
The Coventry v Lawrence litigation attracted a lot of attention earlier this year on the subject of when an injunction would be granted to restrain a nuisance (such as interfering…
TortsProf Blog
Hylton on Nuisance
Keith Hylton (Boston University) has posted to SSRN Nuisance. The abstract provides:This essay sets out the law and the economic theory of nuisance. Nuisance law serves a regulatory function: it…
Land Use Prof Blog
Should More Land Use Professors be Libertarians? Part II
This post is, again, cross-posted fom the Concurring Opinions blog.In my previous post, I asked why more land use/local government law professors do not identify as libertarians, considering the role many…
PropertyProf Blog
Conference Announcement: Property Law and Social Morality
The Journal of Real Property Law invites you to its 4th annual symposium,“A Review: Peter Gerhart’s Property Law and Social Morality,”at Texas A&M University School of Law on October 24, 2014…
Land Use Prof Blog
October 24: Texas A&M Law symposium: A Review: Peter Gerhart’s Property Law and Social Morality
From Tim Mulvaney: The Journal of Real Property Law invites you to its 4th annual symposium,“A Review: Peter Gerhart’s Property Law and Social Morality,”at Texas A&M University School of Lawon October…
PropertyProf Blog
Legal Pot vs. Homeowners’ Associations
The Associated Press looks at a growing source of tension:Pot may be legal in some states – but the neighbors don’t have to like it.Marijuana and hemp have joined wacky paint…
Sixth Circuit Appellate Blog
Sixth Circuit May Spur Supreme Court to Decide Whether Clean Air Act Preempts State Law Nuisance Claims
The Supreme Court has held in Am. Elec. Power Co., Inc. v. Connecticut that the CAA preempts tort claims under federal common law and in International Paper Co. v. Ouellette that…