News & Analysis as of

Nuisance

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

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

Inverse Condemnation/Nuisance: Benton Apartment Complex Owner Files Federal District Court Judicial Action Against...

Benton Housing Associates Limited Partnership (“Benton Housing”) filed on August 9th in the United States District Court for the District of Arkansas (Central Division) a Complaint against the following defendants: City...more

Jones Day

Baltimore's Climate Change Lawsuit Dismissed

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In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more

Tonkon Torp LLP

Vacation Rentals Fight the NIMBY Tide

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This is the last of my three-part series on common misperceptions about the vacation rental industry in Oregon. In my first post, I explained why vacation rentals are important drivers of local economies. In my second, I...more

Hogan Lovells

UK Supreme Court rules on the law of nuisance: knot just another case on causation

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A dispute over a £5000 drop in property value has gone all the way to the Supreme Court which, today, confirmed that you cannot recover damages for encroachment of Japanese knotweed on your land if this occurred before the...more

Blake, Cassels & Graydon LLP

Naviguer dans les eaux juridiques : Rejet des réclamations pour nuisance contre un propriétaire de barrage hydroélectrique

Le 26 février 2024, la Cour d’appel de la Colombie-Britannique (la « Cour d’appel ») a rendu sa décision dans l’affaire Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., confirmant le rejet par la Cour suprême de la...more

Blake, Cassels & Graydon LLP

Navigating Legal Waters: B.C. Court of Appeal Insulates Hydro Dam Owner from Nuisance Claims

On February 26, 2024, the British Columbia Court of Appeal (Court) issued its decision in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., upholding the B.C. Supreme Court’s dismissal of nuisance claims brought by two...more

Hogan Lovells

UK Nuisance update: everybody needs good neighbours

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A resolution has finally been reached in the long running dispute between the Tate Modern Gallery and its neighbours, the owners of residential flats in Neo Bankside, with the parties agreeing a very neighbourly compromise....more

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

Sewage Sludge Incinerator/Wastewater Treatment Plant: Class Action Complaint Filed in United States District Court Against...

Plaintiffs Maurice Doire and Joshua Hoye, on behalf of themselves and all others similarly situated, filed a Class Action Complaint and Jury Demand (“Complaint”) on July 26th in the United States District Court of Rhode...more

Kaufman & Canoles

Recent Virginia Court of Appeals Opinion Holds Statutes of Limitations Do Not Apply Where Only Equitable Relief is Sought

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Last week, the Court of Appeals of Virginia issued an important opinion involving trespass and statutes of limitations. In Willems v. Batcheller, Record No. 0754-22-4, 2023 Va. App. LEXIS 524 (Ct. App. Va. Aug. 8, 2023), the...more

BCLP

Briefcase 2023 Quarter 2: Key Real Estate Cases and Updates

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In this quarter’s edition, we cover cases concerning continuing nuisance, business lease renewals, “subject to contract” and misrepresentation. We also tell you about the new Renters (Reform) Bill recently introduced to...more

Hogan Lovells

UK Supreme Court: the law of nuisance has its limits

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In its recent decision in Jalla and another v Shell International Trading and Shipping Co Limited and another, the UK Supreme Court confirmed that a one-off oil spill was not a “continuing nuisance”....more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: June 1, 2022-December 31, 2023

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UNITED STATES UPDATES - California - Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) - Facts: A property owner who owned a hotel in Los...more

BCLP

Briefcase Quarterly Real Estate Case Update: Special Supreme Court Edition - March 2023

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BARTON V MORRIS: Supreme Court refuses to award commission for £6m residential property sale - Mr Barton had made two failed attempts to purchase a property in Northolt, costing him almost £1.2m in forfeited deposits....more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

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On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

Hogan Lovells

UK law of nuisance: A knotty problem

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In Davies v Bridgend County Borough Council, the Court of Appeal of England and Wales has reaffirmed that encroachment of Japanese knotweed onto neighbouring land can amount to a nuisance and, for the first time, acknowledged...more

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Hogan Lovells

Real Estate litigation trends 2023

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2023 has already been a busy year for real estate litigation, with 3 Supreme Court decisions in as many weeks. Whilst recent years have taught us the dangers of trying to make any predictions, we have identified 5 key areas...more

Hogan Lovells

What a nuisance! UK Supreme Court widens private nuisance to include “overlooking”

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The Supreme Court has given its judgment in Fearn and others v Tate, and has widened the law on private nuisance to include being “overlooked” for the first time....more

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

Solid Waste Transfer Station: Federal Appellate Court Addresses Nuisance Claim

The United States Court of Appeals for the 11th Circuit (“11th Circuit”) addressed in a December 30th Opinion an issue arising out of a nuisance action filed against a garbage transfer station (i.e., solid waste transfer...more

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

Alleged Impairment of Water Rights/Wetland Conservation Sites: Federal District Court Addresses Application of Sovereign Immunity...

A United States District Court (Eastern District, Washington) (“Court”) addressed in an October 11th Order in the context of a Motion to Dismiss whether the doctrine of sovereign immunity applied to an oversight activity...more

Adams and Reese LLP

The Exhaustion of Administrative Remedies Defense Takes Another Hit

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The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative...more

Gray Reed

Louisiana Legacy Lawsuit Survives Motion to Dismiss

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Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more

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

Wind Energy/Wind Turbines: United States District Court Addresses Nuisance Claim

A United States District Court (W.D. New York) (“Court”) addressed in a July 14th decision and order (“Order”) an issue arising out of the operation of wind turbines. See Andre, et al. v. Invenergy LLC, 2022 WL 2759249. ...more

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