Hot Rod Hill Motor Park v. Triolo
Texas Court of Appeals
293 S.W.3d 788 (2009)
Relevant factsFree
Triolo (plaintiff) won a permanent injunction against Hot Rod Hill Motor Park and its owner Brown (defendants), barring races at the track as a nuisance, based on Triolo's residence near the property; he later sold his home and moved away, though he continued visiting his parents' nearby home roughly half of each year's weekends and claimed that home was his true residence. Brown moved to vacate or modify the injunction given Triolo's changed circumstances, the trial court denied the motion, and Brown appealed.
IssueFree
Whether a private nuisance claim may be asserted only by those holding property rights and privileges in the use and enjoyment of the affected land, including possessors of that land.
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