McVicars v. Christensen
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In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic, and dust diminished the value of their property and interfered with the enjoyment of their property. After a bench trial, the district court ruled in favor ofMcVicarses, finding the Christensens’ course of conduct unreasonably interfered with the McVicarses’ enjoyment of their property and was therefore a private nuisance. Furthermore, the court found that there was no evidence to support the McVicarses’ claim of public nuisance or the Christensens’ unclean hands defense. The Christensens appealed. Upon careful consideration, the Supreme Court held that the district court erred to the extent that it considered the building’s size and proximity to the McVicarses’ property to constitute a nuisance. Because the building’s size and proximity do not in and of themselves constitute a nuisance, the district court erred in requiring the McVicarses to move the building from its current location. Therefore, the case was remanded for analysis of whether the cumulative effects of the activities on the property constituted a nuisance in fact.
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