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Full-Text Articles in Law
Recent Cases, David G. Russell, Thomas J. Hartland Jr.
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 …
Administrative Law -- 1957 Tennessee Survey, James B. Earle
Administrative Law -- 1957 Tennessee Survey, James B. Earle
Vanderbilt Law Review
Only a few cases by the Tennessee Supreme Court decided during the survey year considered questions of general administrative law. These concerned the timing and extent of judicial review of administrative action and the conduct of hearings by agencies.
Prerequisites to Judicial Review: Whether available administrative remedies must be exhausted by a litigant before seeking a review or other relief by court action is a question not always capable of exact prediction.' The "long settled rule of judicial administration that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been …