May 24, 2007
How Can We Practice Law When It Stinks In Here?
A law firm that sold condominium office space in proximity to the law office sold to a hair salon. The law firm sued when a "dispute arose because the odor of permanent solution migrated from the...hair salon... into common areas of their condominium office spaces, as well as into [plaintiff law firm's] offices." The condition has persisted since 1992. Prior to litigation, the parties had entered into an agreement that provided that the hair salon take "such steps as are necessary to ensure chemical and other odors do not escape...." The district court found that an open space between the floor joists or the ceiling joists "was the cause of the odor migration and that it was not possible to remedy it." Judgment for the hair salon was affirmed by the Wyoming Supreme Court. (Mike Frisch)
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