Hendricks v. Stalnaker

Hendricks (plaintiff) and Stalnaker (defendant) owned adjacent lots subject to a local rule barring septic tanks within 100 feet of a water well. Hendricks applied for a septic-tank permit shortly after Stalnaker applied for a well permit; because of the lots' layout, Hendricks could not install a septic tank without being within 100 feet of Stalnaker's well. Hendricks sued, claiming the well was a nuisance preventing his septic-tank use.

Whether an intentional interference will be found unreasonable when one landowner's interest is similar in weight to the interfered-with landowner's interest.