June 11, 2013
- 279 Nuisance
- 279I Private Nuisances
- 279I(A) Nature of Injury, and Liability Therefor
- 279k3 What Constitutes Nuisance in General
- 279k3(1) k. In General.
Obstruction of landowner’s view by naturally growing tree on abutting landowners’ property was not a nuisance, as it involved no conduct of abutting landowners that was intentional, negligent, reckless, or ultrahazardous, nor was the obstruction of landowner’s view an inherently injurious act, or a condition that obviously exposed landowner to probable injury.
Martin v. Artis, 290 P.3d 687 (Mont. 2012)
Suggested by Charles Robison, Attorney; Gough, Shanahan, Johnson & Waterman, PLLP, Helena, MT