nuisance claim (Mississippi) · Go Syfert
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nuisance claim in Mississippi

5 Mississippi opinions name it 2 courts 1997–2021 3 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Forrest County v. Thompsongreen
· 1948 · cited in 1 Mississippi opinions naming this issue, 2021–2021
2 sentences

2021Forrest County v. Thompson, 204 Miss. 628, 657 , 37 So. 2d 787, 793 (1948).

2021Forrest County v. Thompson, 204 Miss. 628, 657 , 37 So. 2d 787, 793 (1948).

11
Payne v. Skaargreen
idaho · 1995 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021P’ship, 952 P.2d 610, 614 (“[A]n established farm may not be able to institute a new or radically expanded ‘activity’ and maintain nuisance immunity, because the language of the statute focuses on agricultural activity that has been established prior to the urban encroachment.”); Payne v. Skaar, 900 P.2d 1352, 1355 (Idaho 1995) (“Under Skaar’s interpretation, any properly managed agricultural operation more than a year old, which was not a nuisance when the operation began, could thereafter expand without hindrance, and would be absolutely immune from a nuisance claim.

11
Buchanan v. Simplot Feeders LPgreen
wash · 1998 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021P’ship, 952 P.2d 610, 614 (“[A]n established farm may not be able to institute a new or radically expanded ‘activity’ and maintain nuisance immunity, because the language of the statute focuses on agricultural activity that has been established prior to the urban encroachment.”); Payne v. Skaar, 900 P.2d 1352, 1355 (Idaho 1995) (“Under Skaar’s interpretation, any properly managed agricultural operation more than a year old, which was not a nuisance when the operation began, could thereafter expand without hindrance, and would be absolutely immune from a nuisance claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
James Berry, Sr., James Berry, Sr. v. The Armstrong Rubber Company, J. Wesley Cooper v. The Armstrong Rubber Company green
ca5 · 1993
2 sentences

1999The lower court accepted the Defendants' view as premised upon Berry v. Armstrong Rubber Co., 780 F.Supp. 1097 (S.D.Miss.1991), aff'd 989 F.2d 822 (5th Cir.1993).

1997The lower court accepted the Defendants' view as premised upon Berry v. Armstrong Rubber Co., 780 F.Supp. 1097 (S.D.Miss. 1991), aff'd 989 F.2d 822 (5th Cir. 1993).

21997–1999
Berry v. Armstrong Rubber Co. green
mssd · 1991
2 sentences

1999The lower court accepted the Defendants' view as premised upon Berry v. Armstrong Rubber Co., 780 F.Supp. 1097 (S.D.Miss.1991), aff'd 989 F.2d 822 (5th Cir.1993).

1997The lower court accepted the Defendants' view as premised upon Berry v. Armstrong Rubber Co., 780 F.Supp. 1097 (S.D.Miss. 1991), aff'd 989 F.2d 822 (5th Cir. 1993).

21997–1999
Donald v. Amoco Production Co. green
miss · 1999
2 sentences

2021As to the plaintiff’s nuisance claim, this Court found that an issue of causation existed that “should be subject to discovery and further proceedings in the lower court.” Id. at 175 .

2021The plaintiff had alleged negligence per se because his property had been damaged “from violations of oil and gas regulations.” Id. at 176 .

12021–2021

Statutes the citing opinions construe

MS § Miss. Code Ann. § 53-1-17 (3) MS § Miss. Code Ann. § 53-1-3 (3) MS § Miss. Code Ann. § 53-1-43 (3) MS § Miss. Code Ann. § 53-1-47 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 82 (1948–2026) CA 78 (1905–2026) CT 64 (1907–2026) GA 58 (1942–2025) MI 56 (1959–2026) WA 33 (1953–2026) OH 32 (1981–2026) NY 31 (1917–2026) IA 29 (1915–2024) WI 27 (1942–2025) MO 22 (1983–2025) MA 21 (1928–2023) MD 17 (1954–2026) IL 17 (1976–2025) IN 17 (1988–2024) VA 16 (1939–2024) KS 15 (1901–2024) TN 14 (1943–2019) NJ 13 (1953–2025) UT 11 (1940–2026) PA 11 (1945–2019) OK 10 (1996–2023) ME 9 (1951–2025) AL 9 (1912–2023) MN 8 (1984–2016) VT 7 (2008–2025) AZ 7 (2014–2025) ND 7 (1986–2020) SD 6 (1990–2025) MT 6 (1922–2015) CO 5 (2001–2025) FL 5 (1986–2025) OR 5 (1935–2014) MS 5 (1997–2021) NM 5 (1985–2026) NH 5 (2008–2025) LA 5 (1982–2010) NV 4 (1993–2021) WV 4 (1891–2018) SC 4 (1932–2015) AR 4 (1999–2026) DC 4 (1991–2025) KY 4 (1924–2020) NC 4 (2001–2019) ID 4 (1981–2020) RI 4 (1985–2019) AK 2 (2002–2010) HI 2 (2008–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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