Question
Arnold owns Blackacre and lives there. Across a 20-foot alley, Baker owns a house on Whiteacre. The neighborhood is strictly residential. Following all local zoning
Arnold owns Blackacre and lives there. Across a 20-foot 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 Reeka Virus patients. The virus is a relatively recent one, can be quite deadly, and not much is known about it. Known to be contracted from mosquitos, there are no reported cases of the virus spreading by airborne or 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, Arnold can prove that since Whiteacre was converted, the effect has been to depreciate the value of nearby neighboring properties, including his, from one-third to one-half. Arnold sues 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 A's Blackacre. Should an injunction issue?
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