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In the cases regarding nuisance, Morgan v. High Penn Oil Co. (1953) and Spur Industries, Inc. v. Del E. Webb (1972) what branch of government
In the cases regarding nuisance, Morgan v. High Penn Oil Co. (1953) and Spur Industries, Inc. v. Del E. Webb (1972) what branch of government determined nuisances in those cases? In applying Lucas v. South Carolina Coastal Council (1992) and other nuisance-oriented analyses, which branch(s) of government is (are) making the determination of nuisance? If the legislative branch does, where is such determination embodied? If the judicial branch, upon what does it base its determination?
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