Hendricks v. Stalnaker
Supreme Court of West Virginia
380 S.E.2d 198 (W. Va. 1989)
Courts are required to weigh the landowners’ interests in determining whether an intentional interference with the enjoyment of land is unreasonable.
Relevant Facts
Hendricks (the plaintiff) and Stalnaker (the defendant) owned adjacent plots of land to one another. The town in which their land was located in regulated the placement of septic tanks, prohibiting them from being located within 100 feet of a water well. The plaintiff applied for a permit to install a septic tank on his land just after the defendant applied for a permit to install a water well on his land. The two adjacent plots were situated in a manner that it was impossible for the plaintiff to install a septic tank without being within 100 feet of the defendant’s water well. The plaintiff sued, alleging that the defendant’s water well was a nuisance because it made it impossible for the plaintiff to construct a septic tank.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 23, 2020
Judicial Opinion
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Procedural History
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Citations
380 S.E.2d 198 (W. Va. 1989)