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Amy owns Blackacre and lives there. Across a 20ft alley, Baker owns a house on Whiteacre. The neighborhood is strictly residential. Following all local zoning
Amy owns Blackacre and lives there. Across a 20ft alley, Baker owns a house on Whiteacre. The neighborhood is strictly residential. Following all local zoning and building codes, Baker converts his house into a home for recovering virus patients. The virus is a relatively recent one, an be quite deadly, and not much is known about it. Known to be contracted from human contact, but scientists have not ruled out the possibility and the neighborhood is in a dry, windy, southwestern locale with no mosquitos known to carry the virus. Baker's patients do go outside occasionally and walk in the yard, or sit on the front porch, but are not allowed to leave the gated and locked property until fully recovered from all effects of the virus. Nonetheless, Amy can prove that since Whiteacre was converted, the effect has been to depreciate the value of nearby neighboring properties, including hers, from 1/3 to 1/2. Amy sued to enjoin Baker's operation of the home, alleging that it constitutes a private nuisance, for its very existence detracts substantially and unreasonably from the comfortable use and enjoyment of Amy's Blackacre. Should an injunction issue
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