News & Analysis as of

Injunctions Property Owners

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

BCLP

Into the Unknown - Supreme Court Confirms Parameters for Injunctive Relief Against Trespassing Newcomers

BCLP on

Injunctions against “persons unknown” have recently garnered much attention, being deployed in both traditional scenarios such as to prevent traveller groups trespassing on land, and also against protestors or urban explorer...more

Gray Reed

Texas Landowner Enjoined from Interfering with Lessee’s Operations

Gray Reed on

Davenport v. EOG Resources, Inc. is an appeal of a temporary injunction. The title tells you the result. Davenport owned four tracts comprising 5,000 acres in Webb County that were originally part of a larger tract...more

White and Williams LLP

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on...

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Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court, in Sapienza v....more

Bricker Graydon LLP

City immune to a landowner’s trespass claim for a stormwater pipe installed without an easement

Bricker Graydon LLP on

Nan Wallace experienced cracks in the walls, foundation and chimney of her residence, which she believed were caused by blockage in a stormwater pipe that flowed beneath her driveway and garage and into her backyard. ...more

Hogan Lovells

Urban exploration: a trend that’s going through the roof

Hogan Lovells on

From abandoned tube stations and former WW2 bunkers to cranes and skyscrapers, it seems barely a week goes by without a news story (or Instagram post) appearing showing an urban explorer in an area once thought of as...more

Butler Snow LLP

A New Defense to Nuisance Injunction Actions in Tennessee

Butler Snow LLP on

After July 1, 2016, under certain limited circumstances, real property owners in Tennessee may abate a nuisance on their property (of which they were unaware), and avoid the harsh effects of an injunction, without...more

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