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John Believes That His Neighbor Is Going to Build a New

Question 74

Multiple Choice

John believes that his neighbor is going to build a new fence that will block all the sunlight coming onto his property and destroy his prizewinning rosebushes.John has seen the plans for the fence and has been told by several other neighbors that the fence will be built within the next three months.Can John file suit against his neighbor at this time? Why or why not?


A) No.Damage to John's rosebushes is not considered an actual,personal harm and therefore not ripe for judicial review.
B) Yes.Building any sort of fence between neighbors,if not agreed upon by both neighbors,is a situation for judicial review.
C) No.John has not yet suffered an actual injury; therefore,his case is not yet ripe for judicial consideration.
D) No.John has not heard directly from the neighbor who intends to build the fence and so cannot sue until he gets confirmation that the fence will be built.

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