James and Mary are artists who have a studio in an industrial part of the city. They decide to live in the studio, which is not against local zoning bylaws, but find themselves disturbed at night by the noise and light from a nearby railway marshalling yard. They decide to institute a nuisance suit against the railway since their enjoyment of their property has been seriously affected. They will be unsuccessful.

Question

Quizplus · Accepted Answer

In a nuisance suit, the plaintiffs must show that the interference is unreasonable and substantial. However, since the studio is in an industrial area, the railway's operations are likely considered a normal part of the environment, making it difficult for James and Mary to prove their case.

James and Mary Are Artists Who Have a Studio in an Industrial