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LW Nuisance Fact Pattern

Elizabeth Gray allows homeless persons to sleep on her front porch, with up to six people present at once. Neighbors have complained about the homeless individuals hanging out and making them uncomfortable. Some of the individuals sleeping on the porch have criminal histories. The city code enforcement division has sent Gray a cease and desist letter threatening legal action if she continues allowing homeless people to sleep on her porch. While Gray's conduct does not violate the city's land development code, there is a concern she may have created a private nuisance. The assistant needs to review cited cases to advise whether a court would likely find Gray has created a nuisance.

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117 views1 page

LW Nuisance Fact Pattern

Elizabeth Gray allows homeless persons to sleep on her front porch, with up to six people present at once. Neighbors have complained about the homeless individuals hanging out and making them uncomfortable. Some of the individuals sleeping on the porch have criminal histories. The city code enforcement division has sent Gray a cease and desist letter threatening legal action if she continues allowing homeless people to sleep on her porch. While Gray's conduct does not violate the city's land development code, there is a concern she may have created a private nuisance. The assistant needs to review cited cases to advise whether a court would likely find Gray has created a nuisance.

Uploaded by

lissettm08
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Nuisance Fact Pattern

Elizabeth Gray owns a house in the historic ADuck Pond@ area of


Gainesville. For several months, she=s been allowing homeless persons to sleep
on her front porch. On most nights, two or three people are sleeping there, but on
one occasion six of them crowded onto the floor. They generally settle down for
the night by 10:00 or 11:00pm, but until then they=re up drinking beer and
talking, or playing guitar and singing.

Neighbors have complained to the City, not so much about the noise as
about the fact that Athese people@ are hanging out in the neighborhood, making
the neighbors uncomfortable. Some of the people who sleep on the porch have
been arrested or cited for open container violations at the Downtown Community
Plaza, and one was arrested for trespassing when police found him rooting
through the dumpster at the Thelma Boltin Center. The City=s Codes Enforcement
Division recently sent a formal Acease and desist@ letter to Ms. Gray, threatening
legal action if she persists in allowing the homeless to sleep on her porch.

I=ve looked at the City=s Land Development Code, and I=m convinced that
our client=s conduct does not violate it. However, I=m concerned that the City or
a neighbor might be able to make out a case that our client has created a private
nuisance. Please take a look at the cases cited below, and let me know whether a
court would likely find that our client has created a nuisance.


CASES:
Rae v. Flynn, 690 So. 2d 1341
Beckmann v. Marshall, 85 So. 2d 552
Florida East Coast Properties, Inc. v. Metropolitan Dade County, 572 F.2d 1108
Jones v. Trawick, 75 So. 2d 785

NOTE: for your convenience, copies of the cases are posted on Sakai in a single file
called Anuisance cases.@

Also, note that the Florida East Coast Properties case deals with several different
claims; the nuisance discussion is toward the end of the case.

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