The Fourth Appellate District affirmed a judgment. The court held that a county ordinance did not give neighboring property owners a private cause of action to enjoin noise emanating from a resort’s ...
However, the Court did not hold that the Clean Air Act preempted state common law, including the common law of New York. When American Electric was in the Second Circuit, the court did not reach the ...
The institution of nuisance laws date back to the 1980s, and stem from the widespread hysteria over high crime rates and use of drugs. However, they have been widely used in recent years in cases of ...