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Tag Archives: misuse of property

More Defenses to Nuisance Claims

By Robert Ross |

NECESSITY CAN JUSTIFY CERTAIN TYPES OF NUISANCE ACTIONS A person who acts to prevent a threat of harm or injury can sometimes claim “necessity” as a defense in a subsequent nuisance action. Defendants need not sit by and watch a preventable harm take place, and if the actions necessary to prevent the harm are… Read More »

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