Topic
Nuisance
241 published works
PropertyProf Blog
Claeys on Exclusion and Legal Theory
By propertyprof
Eric Claeys (George Mason) has posted Exclusion and Legal Theory: A Comment on Property as the Law of Things on SSRN. Here's the abstract:This Comment responds to an article by…
Class Action Countermeasures
The Difficulty in Certifying Property-Based Cases – Burdette v. Vigindustries, Inc.
By The Editors
There's an intuition among defense lawyers that property-based cases are difficult to certify; not impossible, but certainly difficult. This week's case, Burdette v. Vigindustries, Inc., 2012 U.S. Dist. LEXIS 15412…
Energy & the Law
Is Your Compressor Station a Nuisance?
If you operate wells, gas plants and similar facilities in populated areas, address your neighbors’ concerns. This could lead to increased costs and inconvenience in operations, but it might be…
Construction & Transition Litigation Law Blog
When Can An Action for Nuisance Be Brought Against a Public Entity?
An action for nuisance may be brought against a public entity unhampered by the TCA. Private nuisance is but one possible theory for recovery of damages caused by the invasion…
Condominium Insurance Law
Some Condominium Boards Spark Flames By Seeking To Extinguish Smoking Within Their Communities
By Shaun Marker
Smoking poses obvious fire risks and insurance costs to association and apartment communities. In addition to the fire risks, there are certain health risks to community residents, as well as…
NC Legal Landscapes
Moving to the Nuisance . . . and then Complaining
By Tom Terrell
If your knowledge of land use theory comes from a textbook you might think zoning is about the right and logical use of land. But if your knowledge comes…
Environmental Law Prof Blog
As a “Backyard” Industry Fuels an Economic Transition, Who’s Watching?
The Wall Street Journal reported this week that for the first time in sixty-two years, America may be a net exporter of fossil fuels. Much of this astounding transition--although partly…
PropertyProf Blog
When Houses Become Widgets, Ctd.
By propertyprof
Kermit Lind of Cleveland State had an informative comment on his city's approach to dealing with the problem of speculators buying up foreclosed properties and ignoring maintenance issues:The City of…
Land Use Law Blog
Adjacent Landowners Can’t Use CEQA to Avoid Potential Nuisance Claims
In the case of South Orange County Wastewater Authority v. City of Dana Point (2011) 196 Cal. App. 4th 1604 ("South Orange"), the Court of Appeal for the Fourth Appellate…
Environmental Law Prof Blog
A Win for the Insurance Industry: No Duty to Defend against Climate Change Nuisance Claim
Remember the Kivalina v. Exxon Mobil Corp. case? Well, the Ninth Circuit hasn’t issued a decision, but the Virginia Supreme Court handed down an important ruling that relates to the…