Thursday, February 28, 2008

A donkey in the wrong place ...

  The most remarkable thing about nuisance law is its flexibility -– conduct that might be perfectly reasonable in a rural area isn’t acceptable when the area becomes more crowded.  NPR ran a story today about – no, not a pig in a parlor, but about a donkey amidst sprawl.  In Golden Valley, Nevada, just north of Reno, the population boom in the Silver State has brought homeowners to an area that was once rural.  A resident successfully sued to enjoin the braying of a donkey on an adjoining 4-acre lot on land that is zoned as agricultural.  Although the donkey has been on the corral for seven years, most of the surrounding land is now residential.

Donkey    Should the claimant have lost because he “came to” the nuisance?  Golden Valley responded with an ordinance that affirmatively informs new residents of the existence of animal noises and smells in the community.  Relying on the famous Arizona precedent of Spur Industries v. Del E. Webb Development Co., perhaps a reasonable solution would be for courts to recognize the changing character of an area and put the donkeys out to more distant pasture, while requiring neighbors (or perhaps the town as a whole?) to compensate the animal owners.  NPR’s story comes complete with the donkey’s braying.

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the most reasonable solution is the one issued by golden valley. If you move next to an orange orchard and decide you don't like the smell of oranges, the solution is not to require the farmer to move his orchard or plant artichokes. Farm and pasture establishment take many years of hard work and patience, it cannot be simply picked up and moved whenever some busybody neighbor decides he'd rather hear sirens and car alarms.
Land use and zoning laws have a purpose, and this person was appropriately zoned for the use he made of his property. I am not a lawyer, but I have been sued for my donkey braying, and I won because the court recognized that such a precedent would be an unbearable burden for all farmers and ranchers.

Posted by: Llisatherancher | Aug 17, 2009 1:19:14 PM