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Tort law

Anti-Nuisance Legislation: Can the Derogation of Common-Law Nuisance Be a Taking?

Common-law nuisance actions have long been a part of our jurisprudence.1 Landowners who are not reasonable in their use of property can be restrained under an action in nuisance. While courts have balanced the...

Bormann v. Board of Supervisors in & for Kossuth County, Iowa

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from...