Brief 48 - and filed suit in a Mississippi State Court...

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Brief 48.1 Biglane v. Under the Hill Corp. Mississippi Supreme Court, 2007. 949 So.2d 9. STATEMENT OF FACTS : In 1967, Nancy and James Biglane bought and refurbished a building in Mississippi and opened the lower portion as a gift shop. In 1973, Andre Farish and Paul O’Malley bought the building next door and opened the Natchez Under The Hill Saloon. The saloon was installed with insulated walls and windows, although the Biglanes had a problem, there was too much noise from the saloon, which kept them awake at night. The Biglanes asked the saloon to turn down their music and the saloon responded by putting in thicker windows, the loudest band was replaced, and other bands were asked to keep their decibels to a certain level. The Biglanes were still dissatisfied
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Unformatted text preview: and filed suit in a Mississippi State Court against the saloon. The court enjoined the defendant from opening doors and windows when music was playing and stated that it had to prevent its patrons from loitering in the street. Both parties appealed to the Mississippi Supreme Court. ISSUE: May a real property owner still have exclusive rights to their property when that use disturbs the quiet enjoyment of other owners of real property? DECISION: No. REASONING: The Supreme Court sided with the lower courts’ decision. The court stated that the saloon unreasonably interfered with the Biglane’s rights. A land owner may not use his land that will unreasonably annoy, inconvenience, or harm others....
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This note was uploaded on 09/15/2009 for the course LW 270 taught by Professor Wears during the Spring '09 term at Clarkson University .

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