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5 Cards in this Set

  • Front
  • Back
Marina lives in an older suburb where the houses are located close to one another. She has built six-foot-high concrete walls along both sides of her property. She built the wall to separate her house from Billy Ball’s property because she wanted to prevent the Ball children from playing in her yard. She built the other wall separating her house from Andy Annoying simply because she hated Andy and knew that he hated concrete walls.

Which factor best explain why a court will enjoin the wall separating Marina’s property from Andy as a nuisance, but not the wall separating Marina’s property from Billy?
The utility of conduct
Marsbarkley operates a cement plant 10 miles from Amir’s subdivision (Sunset Estates) in Cobb County Ga. The cement plant employs 65% of Cobb County’s residents. Amir has complained that the dirt, smoke, and vibrations emanating from the plant are a nuisance to Sunset Estates.
What is the best possible remedy for the court in a threshold jurisdiction?
Abate Marsbarkley activity because the smoke, dirt and vibrations reached a certain level.
Assume for this question only that Marsbarkley’s cement plant has been in Cobb County for 68 years. However, because of recent technology only 2% of Cobb County’s residents work at Marsbarkley’s cement plant. Amir built Sunset estates 2 years ago with knowledge that Marsbarkley’s cement plant was 10 miles away.
What is the possible outcome if Amir brings a nuisance action against Marsbarkley?
Court should issue an injunction against Marsbarkley's cement plant, but order Amir to indemnify Marsbarkley for the coast of relocating.
The following is not an example of nuisance.
Big purple house in the middle of a traditional Birmingham neighborhood.
Which of the following are accurate statements about public nuisance?
A public nuisance must affect a substantial class of people.