Legal Memo for Private Nuisance Claim Essay

1431 Words Oct 25th, 2011 6 Pages
Interoffice Memorandum
Privileged Attorney Work Product

To: Professor
Date: November 3, 2009
Re: Alicia Carmody’s claim against her Neighbor, Mr. John Ellis, for a private nuisance claim. QUESTION PRESENTED Under Vermont Common Law does Mr. John Ellis’ recently created chicken coop in a residential neighborhood constitutes a private nuisance when Mr. Ellis’ rooster and the hens generate odors and noises that could be considered unreasonable and substantial interferences with Ms. Alicia Carmody’s enjoyment of her yard?
BRIEF ANSWER Probably yes. Mr. John Ellis lives in a residential neighborhood where the houses are big and are on small lots very close to each other. From the facts presented against Mr. Ellis,
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Coty v. Ramsey Assocs., 149 Vt. 451, 457 (Vt. 1988). In Coty, when one is trying to determine whether a particular type of interference is substantial the interference would have to be deemed as having "definite offensiveness, inconvenience or annoyance to the normal person in the community." Id. So, has to be determined if the recently constructed chicken coop in Mr. Ellis’ yard are substantial and unreasonable enough to create a private nuisance according to Vermont law. Id. For a nuisance to be unreasonable it means that it would not be reasonable to permit the defendant to cause such an amount of harm intentionally without compensating for it. W. Prosser, Law of Torts § 88, at 626-37,626 (5th ed. 2001). A. Mr. Ellis chicken coops are considered a substantial interference with an individual’s enjoyment of the individual’s property. “The interference with the other properties would have to offensive, inconvenience or annoyance to the normal person in the community.” Coty, 149 Vt. 451, 457 (1988). The fact that Ms. Carmody cannot go outside and enjoy her yard because of the smell generated by Mr. Ellis’ chicken coop creates an act that is “inconvenient” for Ms. Carmody. Id. The crowing generated by the rooster in the morning and throughout the day has become an annoyance to Ms. Carmody because the crowing is so continuous throughout the day. Both the noise and the smell can be looked as being offensive to Ms.

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