Law 310 Case Study Simulaiton
Simulation: Environmental Nuisance Lawsuit
LAWS310
December 14, 2011
Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts.
A neighborhood group called NICE is utilizing the principles of common law-private and public nuisance and trespass- to bring attention to the problem of air, ground, and water pollution which is occurring on adjoining land to the Northfield Dairy Farm. This farmland is very expansive and requires much manure to ensure the land is kept moist and ready for the crop growth and development. The plaintiff or complainant is a man named Sam Anxious who is tired of having a horrible aroma, as he calls it, floating over his land and making it unbearable to be outside enjoying his property the way he thinks he should. Meanwhile, the local farmer who owns the dairy farm has a large parcel of land to tend to and uses modern methods of manure aeration to spread the manure to all his fields. He doesn’t use pasturing cows like in past times. The problem with this type of operation is that some of the mist with its accompanying odor tends to travel to neighboring landowners’ airspace and additionally, encroaching onto their land and into the public waterway. Even though Mr. Anxious knew of the farm when he moved in five years ago, he didn’t expect to be the recipient of such a large dose of manure-aided wind while receiving liquid manure around his property line. Furthermore, he realized he couldn’t even use the local park where this pollution spread and made it basically unusable to potential park visitors. Finally, he had to even pay a hefty sum of $500 to have his land cleaned due to leakage from a piping system running along the farms property line that encroached onto his. He feels that he shouldn’t have to continue to inhale a rotten smell while watching for leakage from pipes near his property line for potential damage and cleanup and seeing the park become a
LAWS310
December 14, 2011
Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts.
A neighborhood group called NICE is utilizing the principles of common law-private and public nuisance and trespass- to bring attention to the problem of air, ground, and water pollution which is occurring on adjoining land to the Northfield Dairy Farm. This farmland is very expansive and requires much manure to ensure the land is kept moist and ready for the crop growth and development. The plaintiff or complainant is a man named Sam Anxious who is tired of having a horrible aroma, as he calls it, floating over his land and making it unbearable to be outside enjoying his property the way he thinks he should. Meanwhile, the local farmer who owns the dairy farm has a large parcel of land to tend to and uses modern methods of manure aeration to spread the manure to all his fields. He doesn’t use pasturing cows like in past times. The problem with this type of operation is that some of the mist with its accompanying odor tends to travel to neighboring landowners’ airspace and additionally, encroaching onto their land and into the public waterway. Even though Mr. Anxious knew of the farm when he moved in five years ago, he didn’t expect to be the recipient of such a large dose of manure-aided wind while receiving liquid manure around his property line. Furthermore, he realized he couldn’t even use the local park where this pollution spread and made it basically unusable to potential park visitors. Finally, he had to even pay a hefty sum of $500 to have his land cleaned due to leakage from a piping system running along the farms property line that encroached onto his. He feels that he shouldn’t have to continue to inhale a rotten smell while watching for leakage from pipes near his property line for potential damage and cleanup and seeing the park become a
Cited: McAdams, Tony. Law, Business and Society. 9. VitalSource Bookshelf. McGraw-Hill Learning Solutions, 2009, Wednesday, December 14, 2011. <http://online.vitalsource.com/books/0077587596/id/ch17lev1sec13> Reynolds Metal Co. Martin, 337 F.2d 780 (United States Court of Appeals Ninth Circuit). Retrieved from http://law.justia.com/cases/federal/appellate-courts/F2/337/780/227549/ December 14, 2011