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Recent Cases, David G. Russell, Thomas J. Hartland Jr.

Vanderbilt Law Review

David G. Russell -- Private Nuisance--Urban Redevelopment

Outside the realm of eminent domain and zoning, the law of private nuisance provides judicial response to problems of conflicting land uses. As the private landowner's legal weapon for eliminating a use incompatible in the neighborhood, private nuisance law affords an effective remedy because the unreasonable, nonconforming use can be enjoined or its perpetrator subjected to liability for damages. Nevertheless, indiscriminate application of existing doctrine might jeopardize fair and efficient resolution of problems of land use control. Considered in the light of equity and economics, a recent New York decision reveals the need …