Topic
Nuisance
241 published works
The Appellate Strategist
Plaintiffs Still Can’t Come to a Nuisance in Illinois
By Kirk Jenkins
In Toftoy v. Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois' "Right to Farm Act," 740 ILCS 70/1, didn't bar the plaintiff's nuisance suit…
frESH
Courts Continue to Narrow Plaintiffs’ Options For Bringing Greenhouse Gas-Related Nuisance Claims
Plaintiffs seeking to impose civil liability on major emitters of greenhouse gases have been pressing their claims under the rubric of common law nuisance over the last several years. While…
The Appellate Strategist
Argument Report: Ex Post, Ex Ante and the Right To Farm
By Kirk Jenkins
Our reports on the oral arguments of the Illinois Supreme Court's September term continue with Toftoy v. Rosenwinkel. Toftoy is an interesting case because it presents a textbook example of…
The Appellate Strategist
Can The Neighbors Sue the Family Farm Across the Street?
By Kirk Jenkins
Our preview of the September term of the Illinois Supreme Court continues with Toftoy v. Rosenwinkel [pdf]. We all learned about it in law school, and few of us have…
Aviation Law Monitor
Hawaiian Helicopter Tour Traffic Out of Hand?
By Mike Danko
No, he didn't buy next to the airport. But for this property owner, he might as well have. I thought I'd write to you, what do I have to lose…
The Faculty Lounge
Harlem Drummers … and nuisance
Yesterday I talked with my summer school class about a story that Carol Brown alerted me to from the New York Times back in July 2008. It deals with a…
PropertyProf Blog
Beyond Blackacre: Blueunit?
By propertyprof
Carol Rose has written:“What is the symbol for property? It is easy to answer that land is that symbol…but why is land – immovable, enduring land – the central symbol…
PropertyProf Blog
Laycock on Boomer v. Atlantic Cement
By propertyprof
Douglas Laycock (Virginia) has posted The Neglected Defense of Undue Hardship (and the Doctrinal Train Wreck in Boomer v. Atlantic Cement) (Journal of Tort Law) on SSRN. Here's the abstract:Economically…
The Faculty Lounge
Morison v. Rawlinson
Been having some fun of late in property class -- we discussed what Marc Roark over at The Literary Table calls the race nuisance and Americn jazz cases yesterday: Truehart…
PropertyProf Blog
The Clicking of Heels on a Hardwood Floor
By propertyprof
Can the sound of people in the upstairs apartment walking across their floor constitute a nuisance? The Telegraph of London investigates:The appellants' case is that the nature of the [wood]…