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Cook vs. Sullivan

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Submitted By abatstone136
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1) What did the defendants do with their land that the plaintiff’s considered “unreasonable and substantial”?
Since 1947, the cook family have living near Lake Winnipesauke in Moultonboro NH. In 1996, the defendants, John and Diane Sullivan bought property near the Cook family residence. They decided to construct their home on a piece of wetland, but before they could, the area needed to be back filled, the elevation was then raised and then their home was place. Shortly after, the plaintiff’s, the Cook family, realized their yard, garage and lower level of their house was flooding every spring and summer. They confronted the Sullivan’s, who proceeded to try several remedies for the situation including removing some of the fill and digging a drainage ditch. Yet, when those remedies did not work, the Cook’s decided to sue the Sullivan’s for nuisance. 2) How does the court decide whether or not a use of land is unreasonable? What kind of thinking process does the court go through?
The trial court rules in favor of the plaintiff’s, stating “the defendants’ construction activities constituted as a nuisance that damaged the plaintiff’s property” (O. Lee Reed, 2013) The trial court proceeded to order the defendants removal of fill and foundation, thus resulting in the removal of their house and pushed back about 40 feet. During this trail, the court took time looking at both sides of the story, using the balance test to determine the gravity of harm to both the defendants and plaintiff’s; yet with the defendant’s activities, the plaintiffs were no longer able to enjoy their property like they had in the past. 3) Do you believe that courts in nuisance cases are acting in the general welfare or common good of the public? Discuss
I believe the court system involved in a nuisance case takes into consideration all involved, the common good of all. With this…...

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