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MMLU / An owner of a solar heated residence filed a lawsuit that tried to enjoin her…

Problem

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question

An owner of a solar heated residence filed a lawsuit that tried to enjoin her neighbor from building a house that would totally interfere with her access to daily sunlight. The neighbor's plan conformed to all local building ordinances and land use regulations. The owner had been in the house for 10 years and the neighbor recently bought the adjoining lot. The owner showed that a different placement of the house would not interfere with her use and enjoyment of her residence. The trial judge ruled in favor of the defendant on the basis that the defendant had a right to build his house anywhere as long as he followed the building/zoning laws. The owner appealed. Will the appellate court likely reverse the trial court's decision?

choices

  1. Yes, because blocking a neighbor's sunlight is a constitutional deprivation of substantive due process.
  2. Yes, because the proposed use is a private nuisance that unreasonably interferes with the owner's use and enjoyment of her property.
  3. No, because the trial court was correct in ruling that there had to be some violation of building regulations before the construction could be enjoined.
  4. No, because a comparative evaluation of the benefits and detriments of each position favor the neighbor's position.

subject

professional_law

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Source and history

task_id
5ff09087-9dab-527b-b4dd-8cb4f3a524eb
task_key
all--test--5ff09087-9dab-527b-b4dd-8cb4f3a524eb
task_revision_id
1
config / split
all / test

Official source

initial import