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Legal Commentary
: PrawfsJust in Case You're Collecting Fact Patterns for Next Year's Exams . . .
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Here in Colorado, the Boulder Daily Camera reports a new wrinkle on the meaning of nuisance that provides potential fodder for next year's tort and property exams. A local affordable housing program has warned two tenants that they need to reconsider their penchant for outdoor gardening while clad only in thongs (and, in the woman's case, pasties). While the tenants' behavior does not violate local public indecency law (which prohibits the public display of one's genitalia), the landlord argues that such conduct constitutes a nuisance prohibited by the lease and is thus grounds for eviction. If the couple is evicted, and chooses to fight, "the municipal court would be left to decide whether their behavior constitutes a nuisance."
Full post as published by Prawfs on June 08, 2009 (boomark / email).
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