Download e-book for iPad: Environmental Law Handbook, by Christopher L. Bell and et al

By Christopher L. Bell and et al

ISBN-10: 1598886673

ISBN-13: 9781598886672

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Were unreasonable and that every property owner must make reasonable use of his land so as not to cause unnecessary annoyance to his neighbors. The case of Rose v. Chaikin21 presents another interesting situation in which noise constituted a nuisance. On the New Jersey Shore just north of Atlantic City, the energy conservation–minded and environmentally conscious Joseph Chaikin erected a windmill on his residence. However, when it began to produce offensive noise exceeding levels permissible under the controlling city ordinance, Joel Rose and other neighbors initiated a suit to enjoin the operation of the windmill.

3 Key Defenses to Nuisance Actions Nuisance actions have often been decided by balancing the equities (weighing the impact of the injuries to respective parties involved in litigation) as noted above. 35 The availability of pollution control devices is, of course, another significant factor that can be considered by the court. For example, in Renkin v. Harvey Aluminum36 the court noted Harvey Aluminum’s failure to keep pace with technological advances in pollution controls and thus ordered the defendant company to use such controls.

18485$ ATHR 11-08-13 12:35:44 PS PAGE xxxiv About the Authors ❖ xxxv John M. Scagnelli John M. Scagnelli is a partner in the Lyndhurst, New Jersey, office of Scarinci Hollenbeck. During the past twenty years, he has represented domestic and foreign public and private clients in all aspects of environmental and corporate and commercial law. Prior to joining Scarinci Hollenbeck, Mr. Scagnelli was a partner and headed the Environmental Law Departments of Whitman Breed Abbott & Morgan, LLP, and Clapp & Eisenberg.

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Environmental Law Handbook, by Christopher L. Bell and et al


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