Question

Ralph Watkins owns a large home on a two-acre lot in Tempe, Arizona. Watkins has much of the lot covered with tiff grass and is meticulous about mowing the lawn. Watkins piles the grass clippings near his back fence and removes them on a semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of desert life. Watkins' neighbor, Vern Brown, has noted that the various forms of desert life scale the wall and invade his property. Brown has worked with his exterminator but his exterminator has told him that the grass clippings must go before the bugs will go. Brown: a. could seek an injunction against Watkins on the basis of nuisance. b. would not have a nuisance claim since he is the only one who is affected. c. could report Watkins for violating the Solid Waste Disposal Act. d. could clean up the pile and recover from Watkins under CERCLA.

Answer 1

Answer: a. could seek an injunction against Watkins on the basis of nuisance.

Explanation:

This is a PRIVATE NUISANCE which is the unlawful interference with the use and enjoyment of land.

Vern Brown's use and enjoyment of his property is being hampered by the actions of Watkins.

For this reason, Vern Brown can seek an INJUNCTION against Watkins which would order him to stop, remove, restrain, or restrict the nuisance.