Bifalgorithm post · Property · The complaint alleges that the residence has a solar
121 Invests
121 Invests (Property · The complaint alleges that the residence has a solar) — "121 who invests in solar collectors and to a society which has an interest in…
Ideas in this flowchart
- Private nuisance law should govern disputes over property development that affect access to sunlight.
- The policy favoring unhindered private development is no longer consistent with modern society.
- The need for rapid development has declined, while sunlight’s value as an energy source has increased.
- Courts should not preserve obsolete policies that have lost their vigor over time.
- State and federal governments encourage solar energy through tax benefits, subsidies, loans, and enabling legislation.
- This policy supports people who invest in solar collectors and society’s interest in alternative energy.
- State v. Deetz rejected the rigid common enemy rule and adopted the private-nuisance reasonable-use rule.
- Deetz endorsed applying common-law nuisance to conflicts between landowners and rejected per se exclusions.
- Under the reasonable-use rule, liability arises when interference with the flow of surface waters is unreasonable.
- Ballstadt shows that conduct regarded as a nuisance in modern times may have been tolerated in the past.
