Private Nuisance Suit

Jun 29th, 2015
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Simulation: Environmental Nuisance Lawsuit In this exercise, you will be observing a court hearing of a private nuisance suit. The background information below is provided to familiarize you with some of the major legal issues presented. After you read the information below and observe the simulation, you should complete the assignment. You will answer the question posed and post your answer to the Dropbox under Week 7: Simulation. Background Information: Long before there was environmental legislation, there were courts grappling with the problems of pollution. Before there was an Environmental Protection Agency, those who allowed something noxious to escape their control and invade the property of others could be held accountable for their actions through private litigation. The doctrines of nuisance and trespass revolve around the interference with a property owner’s (or the public’s) right and ability to enjoy his or her (or public) land. As Supreme Court Justice George Sutherla

Word Count: 625
Showing Page: 1/4
Private Nuisance SuitNameClassDateProfessorPrivate Nuisance Suit In this lawsuit a group of landowners are bringing private a nuisance suit against a nearby dairy farm citing the aromatic nature of the farm's liquid manure spreading operation is a public nuisance. The landowners or the plaintiffs in the private nuisance suit are members of the Neighbors Invested in a Clean Environment and are suing the defendant Chris lively for creating such a horrendous smell with his manure spreading practices that it has become a major disruption to the lives of other members of the community. While the landowners understand there will be a certain level of smell from the dairy farm operation, the use and storage of the manure is what is causing the horrendous smell and inciting anger and frustration from surrounding landowners. In the normal dairy farm process the manure that is left by the cows would be spread across the farmlands to be used as a form of fertilizer. The problem is the defendants dairy farm is making a considerable amount of manure due to the large number of cows located on the property that are not ever put out to pasture but instead a

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