Author: Trung Tran
Author Affiliation: The Legal Environment
Abstract
The Environmental Protection Agency has statutory duty to investigate all the complaints relating to alleged nuisance. The environmental nuisance may be merely a right or wrong thing in a wrong place. The doctrines of nuisance and trespass revolve around the interference with a property owner’s (or the public’s) right and ability to enjoy his /her (or public) land. Nuisance actions may be private or public. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of an interest in property. A public nuisance is an act that causes inconvenience or damage to public health or that obstructs public
Environmental Nuisance
In this scenario, we see that an environment neighborhood group known as Nice is filing a citizen’s lawsuit against the liquid manure spreading operation of the large dairy farm known as Northfield Farms, one of the largest dairy farms in the state and has 43 employees. The Farm is composed 1,500 crops acres and has an animal population of 1,400 head of mature cows with over 1,500 head of young cattle, heifers and calves making a total of 2,900 animals. The owner of the farm, Chris Lively is being sued by Nice for public and private nuisance as well as trespassing. According to the Website Crime Victim Law, a civil lawsuit has five distinct components.
What are Nuisance Lawsuits?
A nuisance lawsuit involves a neighbor suing a farmer to force him to stop doing harmful farming activity or force him to pay damages for him harmful farming action. The lawsuits starts when a neighbor unable to enjoy his property because the farmer’s activity next door. The neighbor asks the court to make the farmer change.
Demand Letter:
The First steps in many civil lawsuits are the lawyer sent a private demand letter outlining the victim’s legal claims and harm suffered. The letter usually states that the victim