Topic
Nuisance
241 published works
Drug & Device Law
Court Shuts Down Expansion of New York Nuisance Law
By Susanna Moldoveanu, Adaeze Ashiedu
Today’s case is not a drug or device case, but its holding is helpful to our clients who face state law nuisance claims arising from the acts of third parties.…
A Lawyer's Blog
A LEASE BREACH DOES NOT PER SE RISE TO LEVEL OF NUISANCE
LEXINGTON AVE. LP v. Clement, 2024 NY Slip Op 50987 - Kings Co. Civil Court 2024:"This is a holdover proceeding commenced against Dara Clement ("respondent"), a rent stabilized tenant and…
Agricultural Law and Taxation Blog
Kansas Supreme Court Upholds Property Rights – Right-to-Farm Law Inapplicable when Farming Operation Not in Compliance with State Law – All of It
OverviewThe Kansas Supreme Court has affirmed two lower courts with all of the opinions providing a thorough explanation of property rights with respect to road ditch rights-of-way, as well as…
TortsProf Blog
Recent Nuisance Cases in OK, CA
The Oklahoma Supreme Court rejected a lawsuit against municipal officials claiming that their racially disparate treatment of residents, beginning at the time of the 1921 Tulsa Race Massacre, constituted a…
E2 Law Blog
New York Appellate Court Denies Developer’s Landfill Odor Nuisance Claim in Metrose v. Waste Management as New Green Amendment Cases Await Decision
Last month in New York, the Appellate Division, Fourth Department delivered a victory to landfill operator Waste Management, dismissing a laundry list of tort claims arising out of a real…
Municipal Minute
Court Allows Nuisance Claims Regarding Industrial Development to Move Forward
An Illinois Appellate Court allowed a group to proceed with some of its claims in its lawsuit to stop a proposed development of an industrial park. Stop Northpoint, LLC v.…
TortsProf Blog
Goldberg on Nuisance
John Goldberg has posted to SSRN On Being a Nuisance. The abstract provides:Nuisance is once again a hot topic in legal practice and scholarship. Public nuisance law is at the center…
Southern California Appellate News
More appellate poetry!
2/1 starts off this unpub (in a spite-fence nuisance case) like this:The poet Robert Frost observed that although good fences may make good neighbors, before building one might “ask to know What…
Unpredictable
Comments on Recent Cases: October 2023
By Will Newman
Image credit: https://en.wikipedia.org/wiki/Removal_of_Kevin_McCarthy#/media/File:United_States_House_of_Representatives,_October_3,_2023.jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent…
Municipal Minute
7th Circuit Upholds Dismissal of Challenge to Demolition of Nuisance Structure
The Seventh Circuit Court of Appeals upheld the dismissal of a civil rights lawsuit against a municipality over the demolition of a public nuisance property. Willow Way, LLC v. Village…