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LAND USE CONTROLS (PART 1): BY THE COURTS

§ 828. Utility Of Conduct—Factors Involved. In determining the utility of conduct that causes an intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important:
(a) the social value that the law attaches to the primary purpose of the conduct;
(b) the suitability of the conduct to the character of the locality; and
(c) the impracticability of preventing or avoiding the invasion.

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