Practice Problems

$1.$Cheeseman Farms has been operating a cattle farming system for $25$ years. When Cheeseman Farms first began operations, the nearest residential town was $20$ miles away. Today, through growth of the surrounding community, residential homes are within $5$miles of the farm. Urban Growth Development, a residential developer, sought and was granted permission to build homes within $0\mathrm{.}5$mile of the farm. During construction of the residential homes by Urban Growth Development, flies and the odor emanating from the farm have become prevalent at the site. Urban Development is concerned that this will hinder its ability to sell the homes and at a minimum will significantly reduce the price of the homes. It has sought to file a lawsuit against Cheeseman Farms for being a nuisance. Will Urban Growth Development prevail?

$2.$A group of farmers wishes to sue a power company for damages for injuries to their crops and loss of market value of their farmlands. The electrical generation plant emitted sulfur dioxide, causing tangible but minor property damage to each of their homes and farm properties. These damages included rusty screens that became totally unusable within two years, the inability to grow flowers or garden vegetables, and the partial loss of their alfalfa crops. What nuisance remedies should they seek against the power company?

$3.$When constructing an apartment building, a developer located the central air$-$conditioning unit for the complex five feet from the lot line. The apartment complex of eight buildings is adjacent to the Schultzes$$ home. The Schultzes complain that the neighborhood was a quiet one prior to the construction of the apartments. Now the Schultzes cannot entertain outdoors, converse inside their home, or sleep, because of the loud noises from the air$-$conditioning unit. Several of their neighbors had similar complaints. The Schultzes claim the value of their home has decreased by $$75,000$ as a result of the noise. To change the location of the units would cost the owner $$200,000.$ Do the Schultzes have a viable claim for nuisance?

$4.$A six$-$year$-$old child was injured while playing a game of hide$-$and$-$seek in a partially constructed home. While playing, he fell through a hole in the floor where the staircase was going to be built. He was injured as a result of the fall. His mother, on his behalf, wants to sue those responsible under attractive nuisance. Is this an attractive nuisance?

$5.$Miguel spent the night at a medical office building operated by a medical group as a participant in a sleep study. The next morning, Miguel left the building at approximately $6$:$45$ a$.$m$.$ After taking a couple of steps on the sidewalk, Miguel slipped on some ice. He stated that he was looking at the sidewalk as he walked and it appeared to be clear. He described the ice as $$transparent$.$ A sleep technician who accompanied Miguel outside the building similarly stated that she did not see any ice on the sidewalk before Miguel fell. Did the medical group owe Miguel a duty to provide notice of the icy conditions before Miguel fell?

$6.$Tristan and Kathleen requested, Julie Cheng agreed to take care of their dog while they were on vacation. Cheng was given permission to enter the house when necessary to feed and care for the dog. She was also asked to assist their daughter Amanda in cleaning her room, located p$.38$in the basement of the house. Amanda at the time had a serious drug addiction and mental health issues and was known to become violent but Tristan and Kathleen did not notify Julie Cheng of these facts. While at the house assisting Amanda, Amanda violently assaulted and battered Julie. Julie suffered serious injuries. Did Tristan and Kathleen owe a duty to warn Julie about their daughter$$s tendencies?