· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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