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Case#10 John an Gloria Smithson, together with their three children, aged 9, 7 an 5, live in a residential area that shares a common boundary
Case#10 John an Gloria Smithson, together with their three children, aged 9, 7 an 5, live in a residential area that shares a common boundary with a golf course. The Smithson's 80 ft wide backyard sits at right angles to the fairway of the 16th hole. A large pond located in front of the green functions as a hazard. Golfers eager to clear the pond often overshoot the green. Over the course of last year's golfing season the Smithsons recovered more than 200 golf balls from their property, some of which had struck the house and damaged the vinyl siding while others had nearly hit family members enjoying the backyard. In response to John Smithson's complaints, the golf course owner constructed an 8 ft fence along the common boundary, but this did little to rectify the problem. The Smithsons successfully sued the owner of the golf course for the tort of nuisance and were awarded an injunction. a. What did the Smithsons need to prove to successfully sue the golf course owner in nuisance? (4 points) b. What is an injunction? What principles do the courts apply in granting this remedy? (4 points)
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