Question
Question 1: Lincoln Ltd. and Douglas Inc. own adjacent buildings of similar size. Lincoln proposes an increase in the height of its building. Both the
Question 1:
Lincoln Ltd. and Douglas Inc. own adjacent buildings of similar size. Lincoln proposes an increase in the height of its building. Both the parties agree that increasing the height of Lincoln's building will cause snow to accumulate on the roof of Douglas's building, and that without reinforcement, the roof of Douglas's building will eventually collapse under the weight of the snow. Douglas sues Lincoln to prevent them it from increasing the height of its building. Assume that increasing the there are no zoning restriction preventing Lincoln from increasing the height of the building, and that all appropriate permits have been granted. Also assume that Lincoln and Douglas's buildings are located in a city in which it snows a lot.
- Should Douglas's case succeed?
- Assuming that the courts decide in Douglas's favour. What should the remedy be?
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