where a dock couldn't be constructed against legislative
1. Law of Nuisance
a. cannot use your property in such a way so as to encroach upon
the rights of others. Cannot impair the equal enjoyment of
others having an equal right to the enjoyment of their
b. If property owner A imposes a nuisance on B, B can get
injunctive relief or damages (and in some extreme
circumstances, take personal action).
a. This is a legitimate piece of legislation. The state has every right to restrict owner's use even if it isn't an obstruction.
b. It is important to employ a bright line rule so that people can conform their behavior. Minimizes number of disputed facts.
c. Result is to set a standard and maximizes efficiency.