Bruno PC10 Brief

Bruno PC10 Brief - Bruno and Norma Ahnert v. Getty Granite...

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Bruno and Norma Ahnert v. Getty Granite Company Issue : Is Getty liable for nuisance to the Ahnert's? Is Getty liable for trespass to land to the Ahnert's? Rule : Nuisance - 1)interference with 2) enjoyment of her land. Trespass to land - 1)Unauthorized or unprivileged 2)intentional intrusion 3)another property. Application : The Ahnert's argues that because of the noise and dust created by Getty, they are being interfered. This noise and dust does not allow the Ahnert's to properly sleep, have a conversation, watch television, listen to radio, listen to stereo and removal from fresh air. The noise and dust that Getty generates is not a high amount to cause an interference. Since Getty is not causing an interference we can't be liable for harming the enjoyment of the Ahnert's land. The Ahnert's argues that the noise and dust generated by Getty is entering their land, therefore it is unauthorized intrusion. Getty is aware of the high level of sand a dust created so they are aware and continue the intrusion with intent. The noise and dust is entering the property of Ahnert's therefore is
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