SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Strategies & Market Trends : The Residential Real Estate Crash Index

 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: GraceZ who wrote (5526)9/22/2002 7:10:14 PM
From: Elroy JetsonRead Replies (2) of 306849
 
homeowners whose new development placed next to a Dairy farm complained about the smell and the farm equipment

How encroachment upon a nuisance is treated has evolved over time. One landmark case in 1871 was replaced by another in 1922. Since then some states have passed specific laws protecting farm use. The law reflects the evolving tastes of America.

"... a party cannot justly call upon the law to make that place suitable for his residence which was not so when he selected it..." Gilbert v. Showerman, 23 Mich. 448, 455, 2 Brown 158 (1871).

"...a business established at a place remote from population is gradually surrounded and becomes part of a populous center, so that a business which formerly was not an interference with the rights of others has become so by the encroachment of the population * * *." City of Ft. Smith v. Western Hide & Fur Co., 153 Ark. 99, 103, 239 S.W. 724, 726 (1922).

A review of special state laws which provide protection against City of Ft. Smith v. Western Hide & Fur Co.:

real-estate-law.freeadvice.com

No doubt the deciding judges were appointed by Warren Harding.
I know you and I both warned people that Warren Harding as President would come to no good.
As William Gibbs McAdoo said, "Harding's speeches are an army of pompous phrases moving across the landscape in search of an idea."
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext