Sentences with phrase «law of nuisance»

In so doing, the court made two potentially important rulings: (i) Whether or not the threshold is crossed may well depend on the context; in a statement echoing one of the most famous dicta in the law of nuisance («what would be a nuisance in Belgrave Square would not necessarily be a nuisance in Bermondsey»: Sturges v Bridgman (1879) 11 Ch D 852, per Lord Justice Thesiger) it was suggested that what might not be harassment on the factory floor or in the barrack room might well be in the hospital ward, or vice versa.
In addition, he represented the successful plaintiff in an agricultural nuisance claim, which resulted in the Connecticut Supreme Court revising the common law of nuisance.
The main question is whether the court, in applying the common law of nuisance, should require a balancing of social utility and reasonableness of the project against the property owner's right to be compensated for interference from a public project.
Acting for wind turbine operators in the defence of injunction proceedings arising from noise impact and visual impact under the law of nuisance.
The UK Supreme Court decided an important case on the law of nuisance last week: Coventry v. Lawrence, [2014] UKSC 13.

Not exact matches

The cap: Enacted in every province, right - to - farm legislations exempt farms from a wide variety of common - law nuisances — so long as they're employing «normal farming practices.»
Such laws are not just a nuisance but a barrier to future growth: For the likes of Facebook and Google, they could choke off the user data that turbocharges their advertising businesses.
In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.
Last summer, his law firm represented First American Bank of Buffalo Grove in a nuisance suit filed against car dealer Joseph Perillo, who leased vacant property he owned near the bank to a pig farmer.
Law said in an interview the requirement would reduce the number of nuisance appeals by requiring those who appeal «to have skin in the game in a process that can delay development projects by two years or more.»
NYC Council members are expected to introduce legislation today that would significantly change how the NYPD uses the decades - old nuisance abatement law against homes and businesses cops say have been used as dens of crime.
It is a 419 case instituted by 419 Lawyer, the case can not succeed because Lagos state like any other State in the federation has her own State's Laws that were applied to deport destitutes who have turned themselves into nuisance on the streets of Lagos back to their states of origin.
The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.
If you live in an area where its not legal to use firearms to destroy any animal that is threatening the health and safety of you, your family, your animals, or property (as it * IS * legal in most every area of the nation — shoot to maim is animal cruelty but shoot to kill is a perfectly legal way to humanely destroy any nuisance animal on your own property); then check into laws regarding air - rifles with ballistics speeds of 700-1200 fps and using pointed vermin - pellets in no - firearms zones.
We are not using our initiative to market and promote adoptable animals in the media — the spca and humane society do not properly network with other animal rescue groups — The by - laws should be changed to more than 3 dogs or cats so that people want to care for more animals are able to do so — If the animals are well taken care of and arent a nuisance than badly needed homes from animal lovers should not be considered a crime — Imagine compassion and caring are the crime and yet you are weighing the pros and cons of murdering the animals and that is OK — Does anyone reading this see the insanity!!?? If the insanity wasnt so tragic it would be a joke!!
In 2003, a study conducted by the county on the ban's effectiveness noted that «public safety is not improved as a result of [the ban],» and that «there is no transgression committed by owner or animal that is not covered by another, non-breed specific portion of the Animal Control Code (i.e., vicious animal, nuisance animal, leash laws).»
Approximately 50 percent of all American households keep pets, so it is also imperative that nuisance laws are written using «reasonable man» standards so that unreasonable or hypersensitive individuals can not hold an entire neighborhood hostage by trying to enforce irrational or overreaching demands.
GRCA agrees that consistent enforcement of existing animal control laws can solve most nuisance complaints in a community.
Instead of limit laws, GRCA supports thoughtfully written nuisance and cruelty laws.
Far better than breed - specific bans are laws to control aggressive dogs of any breed or mix and strictly - enforced laws to keep dogs from running loose or causing a neighborhood nuisance.
These steps will decrease the number of dog bites, the surrender of dogs to shelters for bad behaviors, the nuisance calls, and the plethora of restrictive laws that are making things worse, not better.
Basically, these plaintiffs wanted the court to eliminate any restrictions on their ownership of dogs including animal cruelty laws, tethering restrictions, management of dangerous or potentially dangerous dogs, and restrictions for allowing nuisance behavior.
For example, the city of New York has an existing Pooper Scooper Law that requires pet owners to prevent their pets from committing any nuisance on any public area.
Although Massachusetts laws regarding animal abuse and abandonment aren't as strong as Worcester Animal Rescue League would like, the animals in our state are much better off than animals in other parts of the country where they are regarded as livestock and nuisances.
In other areas, neighbors complained about nuisances, and lawmakers responded with limits on the number of dogs an owner could have instead of enforcing anti-barking laws and leash laws already on the books.
The Animal Control Division provides animal control services to all residents of El Segundo by handling and investigating all animal complaints, public nuisances and enforcing animal related laws including licensing requirements, animal abandonment and prosecutions for animal cruelty.
They will undertake the training necessary to resolve nuisance behaviors [see position statements on Training Aids / Methods and Behavioral Pharmacology], and obey all local laws regarding vaccinating, leashing, licensing, cleaning up after and other aspects of responsible pet keeping.
The Animal Control Division enforces all laws related to domestic pets, which may include roaming dogs, impoundment of strays, animal adoptions, animal bites investigations, care of injured animals, rabies control, property damage and nuisance caused by dogs, and cruelty investigations.
All of that is covered by other laws... disturbing the peace, various public nuisance ordinances, leash laws and the like.
A combination of educational programs provided by shelters, dog clubs, veterinarians, and other dog professionals and strict enforcement of animal control and nuisance laws will go a long way towards the goal.
Publicly funded animal control agencies also operate under a range of policies, but because they are charged by law with protecting the community from dogs that are nuisances or dangerous and because they do no fund - raising around humane issues, they are often denigrated as animal killers.
NAIA supports sentences for violation of dog confinement and nuisance laws that include mandatory attendance at a basic obedience training class.
Municipal Animal Control Officers enforce all State Laws and Town Ordinances related to domestic pets which may include roaming dogs, impoundment of strays, animal bite investigations, barking nuisance, rabies control and animal cruelty.
A nuisance affidavit is a legal document that details reported violations of the law by a cat and / or the cat's owner.
Protect the rights of all citizens with nuisance ordinances such as anti-barking, pooper scooper regulations and leash laws.
There are typically already other laws on the books which cover matters that may be of concern to officials, such as public health, trespass and nuisance laws.
As a result, city councils pass laws regulating dogs as nuisances, insurance companies decline to insure some breeds, and people become afraid of certain breeds or of medium - to - large dogs in general.
Compliance with all federal and state laws and regulations and local ordinances applicable to companion animal breeders and dealers as defined by such laws; building, zoning, environmental and health & safety codes, and a requirement that any violation of such laws, regulations or ordinances shall constitute a nuisance.
Indeed, this month in Scotland the parliament passed the Control of Dogs Bill. The law allows authorities to issue control notices to owners whose dogs are «out of control», create a nuisance or a danger which is determined by the dog» s behavior.
A «nuisance» dog whose keeper violates the at large or leash law would be charged with a minor misdemeanor on a first offense and a misdemeanor of the 4th degree on subsequent offenses, but the dog would be registered as «dangerous» after the 3rd violation.
What's more, a single hoarding case involving dozens if not hundreds of animals can easily bankrupt a local humane society and severely strain volunteer resources, and the nuisance and cost to local authorities and law enforcement officials is ongoing.
The primary job of city and county animal control agencies is to enforce the state and local dog laws, including licensing, running - at - large, and nuisance ordinances.
I graduated from law school in the top 5 % of my class, record and produce a podcast enjoyed by literally dozens of people and make a nuisance of myself on social media just like anyone else.
This is the type of issue dealt in nuisance law, not global taxation.
«As a result of this decision, coal, oil, and natural gas producers could face federal common law nuisance claims all over the country,» he writes.
The lawsuit, brought under public nuisance law, seeks monetary damages from the energy industry for the destruction of the native village of Kivalina, AK, by coastal flooding due to anthropogenic climate change....
The by - laws also provided that the Board could request removal of any animal that is deemed a nuisance or annoyance.
Two dissenting Justices would have held that the law's harmful effects on sex workers are grossly disproportionate to its intended purpose of reducing public nuisance.
In this context the Court of Appeal gave some detailed consideration to injunctions in aid of the criminal law, to issues of public nuisance, and to the ASBO legislation.
Strongly enough to join many of my neighbours in a common law action in nuisance, which we hope will begin to reintroduce some sanity into this bizarre and regressive experiment.
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