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<!-- Remedies of Private Nuisance Boomer v. Atlantic Cement Injunction is typical remedy. In this case, the court chose between injunction with postponed effect to give opportunity for technological advances or injunction conditioned upon payment of permanent damages (total economic loss to property present and future caused by the defendant). Most courts have moved away from injunction as necessary remedy in nuisance cases, only granting injunction where the act was not socially useful. Many courts hold that permanent damages are ordinary remedy provided that the activity is socially useful. When the company pays permanent damage, they essentially have purchased an easement. Spur v. Del E. Webb Nuisance law is about INCOMPATIBLE land uses. This is also a public nuisance case (treated as municipality). At common law, “Coming to the nuisance” applies to plaintiffs who developed their land so as to create a land use conflict after defendant was in place. Someone who has merely acquired property after a nuisance exists has not come to the nuisance. --> |
Founding member serving as secretary on the board.
Email: <ntk at hcoop dot net>
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<!-- Remedies of Private Nuisance Boomer v. Atlantic Cement
Injunction is typical remedy. In this case, the court chose between injunction with postponed effect to give opportunity for technological advances or injunction conditioned upon payment of permanent damages (total economic loss to property present and future caused by the defendant). Most courts have moved away from injunction as necessary remedy in nuisance cases, only granting injunction where the act was not socially useful. Many courts hold that permanent damages are ordinary remedy provided that the activity is socially useful. When the company pays permanent damage, they essentially have purchased an easement.
Spur v. Del E. Webb
Nuisance law is about INCOMPATIBLE land uses. This is also a public nuisance case (treated as municipality). At common law, “Coming to the nuisance” applies to plaintiffs who developed their land so as to create a land use conflict after defendant was in place. Someone who has merely acquired property after a nuisance exists has not come to the nuisance.
-->