Jan 18, 2019

Nuisance on Central Park West

Smoking violated condominium by-laws

A Central Park West condominium sued the owner of a first-floor unit and her son for breach of contract and nuisance. The Board wanted to enjoin them from smoking marijuana and making excessive noise in their unit. At the outset, the Supreme Court issued a preliminary injunction that prohibited defendants from smoking marijuana and permitting marijuana smoke and excessively loud noises from infiltrating into the common areas and other units of the condominium. And several months later the Court addressed the application for a permanent injunction. The by-laws prohibited nuisance within the condominium property, as well as improper, offensive, or unlawful… Read more

Aug 18, 2010

Appellate Ruling Deals Blow to Nuisance Suits for Air Pollution

Authored by Steve O’Day, On July 26, the Fourth Circuit U.S. Court of Appeals reversed a lower court ruling that had found that pollutant emissions from four coal-fired power plants operated by the Tennessee Valley Authority constituted a public nuisance to the State of North Carolina, and vacated an injunction requiring stringent emissions controls on the four plants. In its ruling, the Fourth Circuit stated that it is “difficult” to see how emissions that were explicitly permitted and regulated by EPA and the State of Tennessee could be a public nuisance. The Court stated that “if allowed to stand,… Read more