Brief Fact Summary.
Under the Hill Saloon (Saloon) appealed a court judgment that deemed the saloon a nuisance to their neighbors, the Biglanes.
Synopsis of Rule of Law.
A business can be determined to be a nuisance when they interfere with their neighbor’s enjoyment of their property.
The Biglanes lived next door to Under the Hill Saloon (Saloon). The music from the Saloon often caused Mrs. Biglane to sleep elsewhere on the weekends. The Biglanes sued the Saloon for nuisance and the court ordered the Saloon not to leave their windows or doors open and deemed the Saloon a nuisance.
Whether a business can be determined to be a nuisance when they interfere with their neighbor’s enjoyment of their property?
Yes. The Biglanes could not use or enjoy their land due to noise from the Saloon and the noise was intentional. The judgment of the lower courts are affirmed.
Each case must be decided upon its own peculiar facts, taking into consideration the location and the surrounding circumstances.View Full Point of Law
For a private nuisance to occur, the defendant has to interfere with the private use and enjoyment of a landowner’s property, and either: (1) be and intentional or unreasonable invasion, or (2) be an unintentional but dangerous invasion.