Re: Doctrine of Nuisance

Re: Doctrine of Nuisance

            You have sued Deep Quarries seeking to have the court force the company to cease from using its quarry located in Quarryside to provide large boulders for making a backwater at a yacht club. Also, you want the court to award you monetary compensation for the damage the action of Deep Quarries has caused to your home. You argue that the use and enjoyment of your home has been affected by the dust and noise coming from the quarry.

There are several things that I would like to bring to your attention pertaining to the possibility of your requests being granted by the court. Firstly, I would like to ensure that you understand the difference between the charges of trespass and nuisance. I would like you to know that trespass entails the interference with a person’s right to have exclusive possession of his or her land or property. On the other hand, nuisance entails the interference with a person’s right to exclusive enjoyment and use of his or her land.

Also, two prior cases will play a big role in influencing how the court will settle your claims.  In Bradley v. Am. Smelting & Ref. Co., 104 Wash. 2d 677, 709 P.2d 782 (1985), the plaintiffs argued that the defendant’s action was interfering with his exclusive use and enjoyment of his land by allowing gases and other particulate matter to be deposited to their properties. The court held that proof of damages must be demonstrated before an entity can receive compensation for the claim of nuisance. The court provided a summary judgment which means that there was no trial in favor of the accused (defendant). It argued that the plaintiff failed to demonstrate that the gases and particulate matter from the smelting operations run by the defendant damaged their properties. At the same time, the court rejected the plaintiff’s nuisance claim since the alleged harm suffered by them was not compensable.

On the other hand, Wilson v. Interlake Steel Co., 32 Cal. 3d 229, 649 P.2d 922 (1982) retaliated that the proof of damages is mandatory for a claim of trespass to be granted. This means that your arguments that the noise coming from the quarry run by Deep Quarry is interfering with the use of your property are unlikely to be granted under the claim of trespass. This is because noise does not equal physical damages. However, you may be compensated for the noise under the claim of nuisance.

However, you should arm yourself with pieces of evidence that can conclusively demonstrate that the dust and noise coming from the quarry run by Deep Quarry is interfering with your exclusive possession to your property. For example, you can show that you no longer have full usage of some parts of your house because of the tiles falling from the roof or the windows being broken. At the same time, you need to demonstrate that the damages caused to your house by the vibrations from the quarry run by Deep Quarry are interfering with your usage and enjoyment of your property. For example, you can show that the vibrations have caused cracks to your house.

Most importantly, you will need to have pieces of evidence demonstrating the extent of the damages caused to your property by the vibrations and dust coming from the quarry operated by Quarryside. For example, you can have pictures demonstrating the cracks to your house as well as the dust that has settled on the property. Also, you can have pictures or videos that show how the dust is preventing you from using your property exclusively. At the same time, you should have pictures of the broken windows and the fallen tiles.

To sum up, you have a higher chance of your claim of trespass and nuisance being granted. In your case, the claim of trespass only pertains to the issue of dust coming to your property. This is because you are unlikely to successfully demonstrate that the noise affects your exclusive possession to your property. However, you have higher chances of receiving monetary compensation for the claim of nuisance. You need to arm yourself with the pieces of evidence, such as photos and videos, which demonstrate that the dust and vibrations from the quarry run by Deep Quarry are affecting your exclusive usage and possession of your property.