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. would not have a nuisance claim since he is the only one who is affected.
b. could clean up the pile and recover from Watkins under CERCLA.
c. could seek an injunction against Watkins on the basis of nuisance.
d. could report Watkins for violating the Solid Waste Disposal Act.

Answer 1

Answer:

(C) Brown could seek an injunction against Watkins, on the basis of nuisance

Explanation:

The bugs and pests from Watkins grass clipping pile are a menace to his neighbour Brown.

Brown has tried extermination but the source of the problem, which is still there, makes his efforts futile.

Brown now has the right to seek an injunction - a court order controlling or restricting a person's behaviour - against Watkins on the basis of nuisance.

Watkins should comply