Floyd has lived in his residence for three years when new neighbors move in. Soon afterward he starts to smell foul odors emanating from the new neighbors' home. It turns out that they have started a large compost heap that they plan to use as fertilizer for their spring and fall planting. Even with his windows closed and the air conditioning on, he can't stop the smell from permeating his home. If he files a nuisance action, what standard will the court use to evaluate Floyd's claim? What is the likely outcome of the suit?
What will be an ideal response?
A nuisance occurs when someone creates an unreasonable condition that affects a homeowner's use and enjoyment of his or her property. Here, the awful odors coming from the neighbors' property are creating an unreasonable condition. The court will apply the unreasonableness factor by examining the nature of the property at issue. If the property is zoned as purely residential, the court will likely provide legal protections to Floyd and order that the compost heap be removed. If the property is zoned for industry, Floyd's protections will be greatly lessened.
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