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Nuisance

Nuisance is anything that causes hurt, inconvenience, or damage to another. Many times big companies and corporations are a nuisance to surrounding communities and neighborhoods by virtue of their industrial operations. In defending allegations of nuisance, these companies site to environmental permits which allow them to operate under Alabama environmental rules and regulations. What many people do not know is that these companies, although operating lawfully under a permit, are not allowed under the law of nuisance to cause hurt, inconvenience, or damage to another property, homeowner, community, or neighborhood.

Alabama law states “the right to pure air is an incident to ownership of land and is entitled to the same protection as any other valuable right. To constitute a nuisance it is not necessary that smells be hurtful or unwholesome if they are offensive so as to impair comfortable enjoyment of property by persons of ordinary sensibilities.” Accordingly, if you live in a neighborhood or a community wherein a corporation or industrial plant is causing hurt, inconvenience, or damage to your property, or otherwise interfering in the use and enjoyment of your property, you could have a meritorious nuisance claim under the law.

At Cunningham Bounds, we have the experience and knowledge to assess the situation and determine whether or not you have a complaint that will likely result in a favorable resolution on your behalf. 

 



Litigation Success

Settlement Negotiated for Property Owners Against Weyerhauser for Industrial Air Pollution

Atwood v. Weyerhauser, USA, Inc., et al. | Circuit Court of Wilcox County, Alabama | Civil Action No. CV-2009-900024.80

In 2014, Cunningham Bounds settled a case involving widespread and devastating pollution affecting the Yellow Bluff community in Wilcox County, Ala...

$108 Million Verdict

$108 Million Verdict in Hazardous Waste Case

Dirt Inc. v. ShawCor Ltd., et al. | Mobile County Circuit Court | Case No. CV-05-001523

Cunningham Bounds represented Dirt Inc., a construction and demolition waste landfill, in its allegations against ShawCor Ltd., Halliburton and oth...

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Apr 08, 1994

Brother, sister to get $5 million for garbage firm's contamination

Friday, Apr 08, 1994 Mobile Register  Waste Management must pay after jury agrees that runoff polluted neighbors' property  A Mobile Ci...

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