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· 4/6/1989

Hendricks v. Stalnaker

Citations

  • 380 S.E.2d 198
  • 181 W. Va. 31
  • 1989 W. Va. LEXIS 55

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discussing use of balancing test for determining whether interference with landowner’s private use and enjoyment of property is unreasonable and, therefore, a nuisance
  • discussing use of balancing test for determining whether interference with landowner's private use and enjoyment of property is unreasonable and, therefore, a nuisance
  • explaining that “[t]he unreasonableness of an intentional interference must be determined by a balancing of the landowners’ interests” and that “[a]n interference is unreasonable when the gravity of the harm outweighs the social value of the activity alleged to cause the harm”
  • private nuisance is “substantial and unreasonable interference with the private use and enjoyment of another’s land”
  • following Restatement approach in nuisance cases
  • following Restatement approach in nuisance cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Neely

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.