Social value of the hospital is GREAT;
Record store was enjoined from playing the music outside during
Locality of the
activity, as well as the surrounding area is VERY IMPORTANT to
A pig farm is a
nuisance in the city, but is not a nuisance in the country
There is always
a balancing of uses that occurs in this case, there is NO STRICT
FORMULA for NUISANCE
Hospital vs. Music Shop
What is the
characteristic of the injunction
There is a volume restriction.
is a reasonable use of one's property?
Whether a particular use is an unreasonable invasion of
another's use and enjoyment of his property
cannot be determined by exact rules,
but must necessarily depend upon the
circumstances of each
case, such as locality and the character of the
surroundings, the nature, utility and
social value of the use, the extent and nature of the harm
involved, the nature, utility and social value of the use or
enjoyment invaded, and the like.
Thickly Populate Communities
endure the usual annoyances and discomforts
incident to the conduct of those trades and businesses
which are properly located and carried on in the neighborhood
where they live and work.
not be more than those ordinarily to be expected
and lawful conduct of the trade.
they exceed what might be reasonably expected and cause
unnecessary harm, then the court will grant relief.
The Df -
the broadcasting of the music in the manner described and with
the results set forth in our findings is an
unusual, unreasonable, and
unlawful use of defendants' property, in the particular
location and under the conditions with which we are here