Climate Change Project

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Nuisance Law

Also see: Police Power / Zoning and Land Use

Court Rejects Handgun Sales as Public Nusiance - City of Chicago v. Beretta U.S.A. Corp., No. 95243 (Ill. 11/18/2004)

The police power cannot be used to protect nuisance owners - Gacke v. Pork Xtra, L.L.C., 684 N.W.2d 168 (Iowa 2004) - This is a great review of nuisance law as applied to public health threats. The state passed a law to protect hog farms from nuisance actions. This court rejected this as an unconstitutional use of the police power to prevent the mitigation of a public health nuisance.

Standards for administrative warrants and nuisance abatement orders - Thurston County v. Sager, 122 Wash.App. 1036, 2004 WL 1616892 (unpublished) (Wash.App. Div. 2 2004)

Boom v. City of Utica, 2 Barb. 104 (N.Y.Sup.Gen.Term, 1848) - Court finds that a person who is infected with a communicable disease is not a nuisance and has to be regulated through other police powers.


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