Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bruce v. Wallis

The trial court abused its discretion in finding that the corrective steps taken by the defendant did not adequately abate an alleged nuisance.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Delana Bruce appeals from an order abating a nuisance on her property, challenging the propriety of the relief granted. Finding that the trial court manifestly abused its discretion, we reverse.

1. Ralph Wallis owns property with a pond located on it for raising fish. Wallis’s property is across a county road from Bruce’s farm, where she has trained, bred, and boarded horses for 25 years. Wallis filed a complaint against Bruce to abate a nuisance contending that manure on her property created noxious and offensive odors and that the manure drained into Wallis’s pond and killed his fish. Bruce, who was pro se at the time, was not present at the hearing when Wallis introduced photographs and testimony that overgrazing of the land by Bruce’s horses had increased the flow of water onto Wallis’s land, washing horse manure into the pond. After the court found both the manure and the horses constituted a nuisance, Bruce was contacted by telephone and arrived to testify that the manure pile had been removed and that it was the three-month drought during the summer of 2000 that had stripped her land of grass and killed Wallis’s fish. The trial court granted a temporary injunction requiring Bruce to reduce the number of animals weighing in excess of fifty pounds on her property to three animals within 30 days. Bruce then obtained counsel and filed an emergency motion requesting that the court modify its order, attaching affidavits setting forth the harm to her horse business and the potential danger to her horses that would be caused by the dispersal order. The motion was denied in an order in which the trial court appointed a National Resource Conservation Service employee to study the situation1 and allowed the parties to submit affidavit evidence.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements