Board of Aldermen v. Norman

Citations

• 51 La. Ann. 736
• 25 So. 401
• 1899 La. LEXIS 461

Syllabus

<p>Syllabus.</p> <p>1. Tlie fad that a particular uso of property is declared a nuisance by a town ordinance, does not make it such unless it is in -¡act so and is embraced within the common law or statutory idea of a nuisance.</p> <p>2. The thing or act complained of must come within the legal notion of a nuisance, and where it does not, no authority to remove or abate is derived from the ordinance declaring it a nuisance.</p> <p>3. But where a thing or act complained of is a nuisance, or must necessarily become such, a municipal corporation may, in the exercise of the police power, make regulations for its suppression and prohibition.</p> <p>4. Open cattle yards and pens within the corporate limits, where cattle in numbers are congregated and kept for feeding and fattening purposes— Held : To belong to that class of things which “must necessarily” become nuisances, and may be abated under a general prohibitive ordinance declar ing it a nuisance to so keep cattle within the corporate limits.</p>