Impellizerri v. Jamesville Federated Church

Citation. 428 N.Y.S.2d 550 (N.Y. 1979)

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Citation428 N.Y.S.2d 550 (N.Y. 1979)

Brief Fact Summary.

The Impellizerries brought suit against Jamesville Federated Church (Church) when their son who suffered from a neurological disease was kept awake by the Church’s bells.

Synopsis of Rule of Law.

An action must cause an unnecessary effect on the health and comfort of an ordinary person in a similar situation in order to constitute private nuisance.

Points of Law - Legal Principles in this Case for Law Students.

A nuisance may be merely a right thing in the wrong place,--like a pig in the parlor instead of the barnyard.

View Full Point of Law

Impellizerri lived in close proximity to Jamesville Federated Church where the church’s bell rang loudly three times on Mondays-Saturdays and four times on Sundays. The Impellizerris brought suit against Jamesville Federated Church (Church) when their son who suffered from a neurological disease was kept awake by the Church’s bells. The Church filed a motion to dismiss when the Impellizeris classified the Church’s bells as a nuisance.

Issue.

Whether an action must cause an unnecessary effect on the health and comfort of an ordinary person in a similar situation in order to constitute private nuisance?

Held.

Yes. The Church’s motion to dismiss the claim is granted. The Church is not liable for nuisance due to the Impellizerri’s son’s hypersensitivity.

Discussion.

An action must cause an unnecessary effect on the health and comfort of an ordinary person in a similar situation in order to constitute private nuisance. Hypersensitivity is not calculated into the determination of whether a nuisance is unreasonable. Rather, the determination of an unreasonable nuisance is based on the experience of an ordinary person.