Bifalgorithm post · Property · The complaint alleges that the residence has a solar
132 Declare
132 Declare (Property · The complaint alleges that the residence has a solar) — "132 declare by judicial fiat what is right and what should be done, under the…
Ideas in this flowchart
- The dissent rejects judicial expansion of nuisance law to protect access to sunlight.
- Declaring what is right despite legislative inaction would intrude on the constitutional roles of the three branches.
- The legislature has acted by creating a statutory framework for sunlight access.
- Chapter 354, Laws of 1981, enables local governments to establish procedures guaranteeing access to sunlight.
- The framework regulates certain light blockage through permits and notice to neighboring owners.
- Judicial intervention is unwarranted because it could undermine the legislature’s orderly development of this scheme.
- The statutory scheme addresses the type of problem presented in this case and removes the need for judicial activism.
- The majority relies on the Restatement definition of private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.
- The majority treats obstruction of access to sunlight as an invasion of the use and enjoyment of land.
- The dissent disputes that obstruction of access to sunlight constitutes an invasion.
- The ordinary meanings of invasion emphasize entry, attack, penetration, hostile entrance, or the spread of something unusually harmful.
- Therefore, the defendant’s obstruction does not fall within the nuisance definition as applied to private use and enjoyment of land.
