Hovey v. Luce

How courts have described this case

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

• finding an affirmative act is not necessary as “it is the failure to correct or discontinue an unreasonable use after notice that gives rise to a nuisance.”
• noting that duty is not a separate essential element of a cause of action for inverse condemnation based on nuisance, “[r]ather, the concept of ‘duty’ underpins the element of notice, that is, notice of an unreasonable use gives rise to a duty to correct it.”
• \Inverse condemnation is the exclusive remedy when private property is taken or damaged without compensation as a result of a nuisance operated by an entity that has the power of eminent domain.\
• “Inverse condemnation is the exclusive remedy when private property is taken or damaged without compensation as a result of a nuisance operated by an entity that has the power of eminent domain.”

Source: CourtListener parenthetical corpus (CC0).