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Winget v. Winn-Dixie Stores, Inc., 130 S.E.2d 363 |
Supreme Court of South Carolina |
1963 |
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Chapter |
15 |
Title |
Nuisance |
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Page |
606 |
Topic |
Private Nuisance |
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Quick Notes |
Pl complained that grocery store crowd, car noise, fumes, trash trucks, street sweepers and traffic disturb the peace and quiet enjoyment of the community. |
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Book Name |
Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978-1-4224-7220-0. |
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Issue |
o Whether a grocery stores use of land is reasonable. o Whether such use constitutes a nuisance depends largely upon the facts. |
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Procedure |
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Trial |
o Jury rendered verdict for plaintiff homeowners |
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Supreme |
o Reversed and remanded |
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Facts |
Rules |
Reason |
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o Pl - Winget o Df - Winn-Dixie Stores, Inc What happened? o The plaintiffs home is located adjacent to a grocery supermarket operated by the defendant Winn-Dixie Stores, Inc. o Pl alleges that the supermarket is a nuisance because of both (1) its location and (2) the manner of its operation. o The Df has a lawful business located in an area zoned for retail business and the zoning board determined that the area is suitable for a grocery store.
Nuisance Test Questions o Whether a grocery stores use of land is reasonable? o Whether such use constitutes a nuisance depends largely upon the facts? |
License or Permit Note o [The fact that] one has been issued a license or permit to conduct a business at a particular location cannot protect the licensee who operates the business in such a manner as to constitute a nuisance Must Not unreasonably interfere o [The business] must not unreasonably interfere with the health or comfort of neighbors or with their right to the enjoyment of their property. Nuisance Rule o If a lawful business is operated in an unlawful or unreasonable manner so as to produce material injury or great annoyance to others or unreasonably interferes with the lawful use and enjoyment of their property, it will constitute a nuisance.
Spectrum o Not every annoyance or disturbance constitutes as a nuisance. o People who live in an organized community must suffer the inconvenience and annoyance from their neighbors as long as it does not injury their legal rights.
Nuisance Question to Ask o You ask if there has been an injury to their legal rights.
Pl - allegations o The plaintiffs, among other things complain that (1) the store has attracted crowds of people, and many automobiles which caused noise, unhealthy fumes, blocked traffic and generally disturbed the peace and quiet of the community, and (2) trash trucks and street sweepers operated on the premises at late night hours.
Courts Response - crowds, car noise, fumes, traffic o It is a natural consequence and incident of the operation of the supermarket that there will be an increase in the number of people visiting the area.
Courts Response Trash trucks and street sweepers o Not a basis for a finding of nuisance. It is no different that trash collection at any other business.
Pl - other allegations o Fans were permitted to blow on trees and shrubs that caused damage, bright flood lights on until late at night, odors from accumulating garbage, and trash permitted to escape onto Pl - lot. (This was up for the trier of facts to determine).
Courts Response Trial judge refusal to allow other allegations. o The trial judge properly refused the Df - motion of a direct verdict. o [These] records give rise to a reasonable inference that such acts were normal or necessary incidents of the operation of the business. o However, the acts have been discontinued and there is not grounds to issues an injunction. o Reversed and remanded. |
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Class Notes |
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Pl complained that grocery store crowd, car noise, fumes, trash trucks, street sweepers and traffic disturb the peace and quiet enjoyment of the community.
Nuisance Rule o If a lawful business is operated in an unlawful or unreasonable manner so as to produce material injury or great annoyance to others or unreasonably interferes with the lawful use and enjoyment of their property, it will constitute a nuisance.
Nuisance Test Questions o Whether a grocery stores use of land is reasonable? The court has to see if the nuisance is unreasonable o Whether such use constitutes a nuisance depends largely upon the facts?
License or Permit Note o [The fact that] one has been issued a license or permit to conduct a business at a particular location cannot protect the licensee who operates the business in such a manner as to constitute a nuisance. o If they do something that substantially interference with ones use and enjoyment of their property, zoning does not matter.
Not unreasonably interfere o [The business] must not unreasonably interfere with the health or comfort of neighbors or with their right to the enjoyment of their property.
Courts Response - crowds, car noise, fumes, traffic o It is a natural consequence and incident of the operation of the supermarket that there will be an increase in the number of people visiting the area. o [These] records give rise to a reasonable inference that such acts were normal or necessary incidents of the operation of the business.
Courts Response Trash trucks and street sweepers o Not a basis for a finding of nuisance. It is no different that trash collection at any other business. |