Nuisance Doctrine. Nuisance Nuisance actions are an extension of the private tort of trespass to land –Trespass – physical invasion of property –Nuisance

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<ul><li><p>Nuisance Doctrine</p></li><li><p>NuisanceNuisance actions are an extension of the private tort of trespass to landTrespass physical invasion of propertyNuisance non-physical invasion</p><p>An unreasonable and substantial interference with the use or enjoyment of ones property without physical trespass or unlawful entry</p></li><li><p>NuisanceHistory of nuisance doctrine goes back to Middle AgesLaw courts had little control over land disputesNoblemen often appealed to King for justice or equityEventually a system developed to provide equitable remedies (equitable to all parties)</p></li><li><p>NuisanceCurrentlyNuisances are controlled via nuisance ordinancesNuisances are prevented, mitigated &amp; regulated through zoning &amp; development ordinancesHere, nuisance ordinances operate concurrent with zoning ordinances</p></li><li><p>Nuisance and ExternalitiesExternalityAn extra-territorial effect of a property owners action that does not involve a physical extension of that activityPositive ExternalityNegative Externality</p></li><li><p>From: Stacy Tolbert [mailto:stolbert@co.rockingham.nc.us] Sent: Thursday, January 29, 2015 9:46 AM To: NCPlan mailing list Subject: [ncplan] Shooting in Residential Districts </p><p>Good Morning, Do any of you have regulations in your zoning ordinance regarding recreational shooting, shooting pits, target shooting, etc. in residential districts? Specifically any restrictions such as acreage requirements or buffers? We have a situation of a property owner wanting to construct a shooting pit (mainly berms) in his back yard for personal shooting only - no public use, no fees charged. However, this property is less than 1 acre and in a major subdivision. We already have requirements for shooting ranges on a much larger scale that are for profit, we'd like to see what other Counties are regulating.</p><p> Thanks, Rockingham County Planning Department PO Box 105 Wentworth, NC 27375 (336) 342-8117</p></li><li><p>Nuisance and ExternalitiesPositive ExternalitiesBeautiful landscapingArtful faadeAdditions and renovationsEnhanced economic activity</p></li><li><p>Nuisance and ExternalitiesNegative Externalitiesannoyance, inconvenience, discomfort, damageSmokeNoiseActivityTrafficparking</p></li><li><p>NuisanceGenerally in the eyes (or ears) of the beholder</p></li><li><p>NuisancePublic NuisanceA criminal act that interferes with the community at large</p><p>Private NuisanceA civil action between two parties</p></li><li><p>NuisanceNuisance per seA nuisance wherever it is located</p><p>Nuisance per accidensA nuisance only in the areas in which its location would detrimentally affect surrounding property</p></li><li><p>NuisanceImplicit heirarchyBut there are exceptions!</p></li><li><p>NuisanceAnticipatory NuisancePreventing a nuisance that may happenIt may also not happen, so what are you preventing?</p><p>Courts generally view the abatement of this type of nuisance favorably if plaintiff can show with certainty that a nuisance can occur</p></li><li><p>NuisancePriority of OccupationDid the nuisance come to you, or did you come to the nuisance?Who was first in time?The nuisance was not a nuisance until someone came to itDont want to fault someone for anothers bad decision</p></li><li><p>NuisanceAttractive NuisanceRefrigeratorsNatural climbing wallsCreating a situation that draws people to a situation that ultimately creates a nuisance or damage to property &amp; person</p></li><li><p>NuisanceAesthetic NuisanceJunkyards, Junk CarsVisually offensivePhysically passive</p><p>Yard Art Yard FurnitureReduction in economic value to other properties</p></li><li><p>Nuisance RemediesRemedies (just and equitable)</p><p>How does this situation get resolved?InjunctionPayment</p></li><li><p>Nuisance RemediesInjunctionCourt order halting obnoxious activityBalances equities accruing to all parties involvedTypically works against plaintiff (especially in a David vs Goliath action</p></li><li><p>Nuisance RemediesPaymentCompensationTo plaintiffTo defendent</p></li></ul>

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