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Relying on National Refining Co. v. Batte, supra, the court held that the light of cars shining into plaintiff's home constituted a nuisance.
Plaintiff alleged that the operation of the property constituted a nuisance because of the noise involved and the flashing of truck headlights.
While the ruling stopped short of giving equal rights to animals, Federal District Judge Clarence A. Brimmer decided the fence constituted a "nuisance" and ordered the rancher to remove or modify it.
Hanks said the council had a "far too narrow" view of what constituted a nuisance, believing it only applied to behaviour that involved physically blocking the entry to the clinic.
A district court had dismissed the suit as addressing political questions but an appellate court ruled that that question was not settled and that the plaintiffs had standing under a common law, which held the pollutants constituted a nuisance to society.
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For example, secondhand cigarette smoke may constitute a nuisance.
"If noise constitutes a nuisance, council officers, or nearby residents, can call for an official review of the licence".
Sounding off irritably, with no attempt to isolate the offending factor from legitimate behavior, fails to create change and may itself constitute a nuisance.
And if the noise is so severe that it constitutes a nuisance, the writer can file a lawsuit in State Supreme Court against the upstairs tenants.
Maintaining a personal hygiene so offensive as to constitute a nuisance to other patrons or staff and to interfere with their use of the Library.
9. Whether a particular annoyance or inconvenience is sufficient to constitute a nuisance depends on its effect on an "ordinarily reasonable man," that is, a normal person of ordinary habits and sensibilities.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com