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Sullivan vs. Cook

In: Business and Management

Submitted By pgreen
Words 487
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1. What did the defendants do with their land that the plaintiffs considered “unreasonable and substanstial? The defendants, John and Diane Sullivan & A. purchased some neighboring land in the area where the Plaintiffs reside. Upon purchase the defendants obtained a building plan by a certified wetland scientist for the construction of a septic system for their modular home that was to be placed on their property. The defendants had used large amounts of fill in the area they were building the house. As a result the neigboring plaintiffs began to complain of “standing water accumulatting in their garage, underneath the chalet, and the water prevented them from enjoying and using their property like they had in previous years.” (Janice J. Cook,” 2003). They complained that the wetness was a recurring issue that they dealt with over a course of a few years. After an attempt to remedy the issue did not suffice, the plaintiffs filed a petition 2000 for assistance in the matter from the court stating that this created a nuisance.
How does the court decide whether or not a use of land is unreasonable?
The law of tort on private nuisance “is referred to any unlawful interference with a person's use or enjoyment of land or some right over or in connection with it...” (The social sciences, 2011) If there is an interference which causes a person to not enjoy their property this could uprise problems the court would evaluate both sides of the situation by “balancing the gravity of the harm to the plaintiff against the utility of the defendant's conduct, both to himself and to the communty...” (Reed, 2012) After submission of substanstial evidence the courts did uphold their initial decision and ordered the defendats to remove their home.
Do you believe that courts in nuisance cases are acting in the general welfare or common good of the public?
Yes, there are documents such as the Constitution and the Declaration of Independence that help support and defend both general welfare and common good. Without such historical documents it would be difficult for any individual to have and exercise their right for liberty, justice, prosperity, and happiness. If an individual cannot enjoy the company of their own home without outside distractions or destructions that duty and right as American citizen is violated. The courts approach each case in an unbiased manner listening to both sides before rendering their decision. This is a due process that is honest and seeks justice for all.


Janice J. Cook & a. vs. John D. Sullivan & a.

(2011). The social sciences.Medwell journals, 318-322. Retrieved from

O.Lee Reed, Marisa Anne Pagnattaro, Daniel R.Cahoy, Peter J.Shedd and Jere W.Morehead (2012). The Legal and Regulatory Environment of Business (Sixteenth Edition).…...

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