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Brief Fact Summary. For thirty years, a maker of confections conducted business in a property that use two large mortars that made a substantial amount of noise when operating. A physician, who previously had a garden in the area directly behind the mortar, decided to convert the garden into a consultation room.
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The claimant, a doctor, moved house and on the premises, he bought and built a shed in his garden to carry out his private practice within. His shed was on the boundary of the property and happened to be next door to a confectioner. The confectioner had produced sweets in his kitchen for many years before the doctor had moved in. The doctor alleged...
Whether the doctor could claim loss of amenity when he had ‘moved to the nuisance’ or not. Whether the character of the area or locality as a residential area meant that there was a nuisance.
There was a nuisance, and the fact that the doctor had ‘moved to the nuisance’ was no defence to the nuisance itself. Nor was there an easement acquired by the confectioner through long usage that entitled him to continue with his actions. What constitutes a nuisance was to be decided on a case to case basis, and it is necessary to consider the par...
Jan 22, 2024 · Access this legal document in Jay, David et al v. All Elements Fund I et al on Trellis.Law. Review the document, case details, and relevant case updates to stay informed on this notable legal proceeding.
Jan 22, 2024 · This legal document is a complaint filed by Plaintiffs against Defendants alleging fraudulent concealment and misrepresentations. The Plaintiffs claim they made payments to purchase shares in All Elements Fund I (AEFI) and that these transactions were fraudulent.
Jun 28, 2023 · The application of the Supreme Court of Ohio ruling in State v. Leak (2016) is debated in this case. The prosecutor contends that the Court determined that if an impoundment is not legal, then testimony about police policies isn’t enough to prove a search was reasonable, the prosecutor notes.
Oct 16, 2023 · Thorin Resources CEO Sturges Karban told Ouray County commissioners at a Sept. 12 meeting that his company is entirely devoted to the Camp Bird Mine, acquired several years ago and located nearby, and now the Revenue-Virginius Mine.