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December 27, 2010

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Joe

Can you really sue a home or building for being a "nuisance?" Seems like a flimsy complaint.

Alfred Brophy

Hi Joe--the complaint in both the Texas case (Truehart v. Parker) and the South Carolina case (Morrison v. Rawlinson) was about the behavior of the people at the jazz club (in Texas) and the church (in South Carolina).

This is part of how the Texas Court of Civil Appeals described the Silver Leaf Club:

The people who lived in their homes in the immediate vicinity ... swore, and no one contradicted them, that until the din and noise had died out because the dancers had dispersed, sleep was driven away and the night robbed of its rest and comfort. To those that business or pleasure had lured to the dance, it was a terpsichorean dream of pleasure, while to the unfortunate denizens of the homes near by it was a terrible nightmare, and while the dancers chased the fleeting hours with flying feet to the sensuous strains of dance hall music, the residents tossed upon sleepless beds.

I'm going to write some more about this shortly, I hope.

Mark A. Edwards

I've been meaning to write about this, because I absolutely love this book -- in fact, I'm envious, because I wish I had put it together.

I can't wait to read your discussion of The Antelope case, Al -- it's a case I use in both Property I and my Comparative Property Rights seminar.

Alfred Brophy

Mark--thanks a ton for the kind words. I'm hoping that we'll have a second edition someday and I'd love to hear of other cases you think would be good to add.

Taobao

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