Lewyn on Nuisance and Apartment Buildings

Michael Lewyn (Touro) has posted Is an Apartment a Nuisance? (Real Estate Law Journal) on SSRN.  Here's the abstract:

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.