Legal Memo for Private Nuisance Claim

Topics: Tort, Odor, Chicken Pages: 4 (1429 words) Published: October 17, 2011
Interoffice Memorandum
Privileged Attorney Work Product

To: Professor
Date: November 3, 2009
Re: Alicia Carmody’s claim against her Neighbor, Mr. John Ellis, for a private nuisance claim.

Under Vermont Common Law does Mr. John Ellis’ recently created chicken coop in a residential neighborhood constitutes a private nuisance when Mr. Ellis’ rooster and the hens generate odors and noises that could be considered unreasonable and substantial interferences with Ms. Alicia Carmody’s enjoyment of her yard? BRIEF ANSWER

Probably yes. Mr. John Ellis lives in a residential neighborhood where the houses are big and are on small lots very close to each other. From the facts presented against Mr. Ellis, a court will probably find that the construction of chicken coops in the adjacent yard to Ms. Carmody by Mr. John Ellis creates a private nuisance because of the odors and noises that interrupt Ms. Carmody from the substantial and unreasonable enjoyment of Ms. Carmody’s yard. FACTS

Our client, Ms. Alicia Carmody, lives in a community in Vermont with large homes built on small lots very close to each other. Recently, one of her neighbors, John Ellis, began raising chickens in his back yard. Mr. John Ellis constructed a chicken coop and enclosed part of his yard with a fence. Mr. Ellis keeps both roosters and hens, and the roosters have begun to crow very early in the morning and throughout the day, and the noise disturbs Ms. Carmody. In, addition the chickens and the roosters generate odors that interfere with Ms. Carmody’s ability to use and enjoy her yard. DISCUSSION

I. Does Alicia Carmody have a valid private nuisance claim against John Ellis?
The court will most likely hold that Mr. Ellis has created a private nuisance by constructing the chicken coop in his yard, because it creates a substantial and unreasonable interference with Mr. Ellis neighbor’s enjoyment of her yard.

In the state of Vermont in order to be...
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