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Story: Woods Cross residents voice frustrations with city, refinery
Comment #:
103
Comment:
Legal Eagle:
Coming to the nuisance is not the current state of American law. It is currently a small minority rule. See AMJUR NUISANCES § 426. Right to farm acts of course would not apply to a refinery. Also this was not a nuisance, so the basis for the coming to the nuisance defense would not fit the circumstances. Smoke, noise, and even risk levels from the refinery might be nuisances. Explosions which cause physical damage to neighboring property are not nuisances. Explosions would likely be considered akin to flooding and therefore trespass.
Either way I believe it will be a strict liability issue.
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