Impellizerri v. Jamesville Federated Church
Supreme Court of New York
428 N.Y.S.2d 550 (1979)
Relevant factsFree
The Impellizerris (plaintiffs), whose son had a neurological disease that made him unusually sensitive to noise and kept him awake by the church's bells, sued the Jamesville Federated Church (defendant) seeking an injunction against its regular bell-ringing schedule as a nuisance; other neighbors of the church did not join the suit and apparently were not bothered by the bells, and the church moved to dismiss.
IssueFree
Whether conduct must cause an unwanted effect on the health and comfort of an ordinary person in the same or a similar situation to constitute an actionable private nuisance.