Key point 7-09. A nuisance is any use of property that results in significant annoyance or discomfort to neighboring landowners. Some church activities may constitute a nuisance. The courts will weigh the annoyance and discomfort to neighboring landowners with the church's constitutional right to exercise its religion. In some cases the courts may order a church to limit the activity causing the nuisance, or eliminate it entirely.
In general, the term nuisance refers to an activity or use of property that results in material annoyance, inconvenience, discomfort, or harm to others. It is, for example, a nuisance to use one's property in such a way as to cause excessive noise, odor, smoke, vibration, debris, drainage, obstruction, or injury to neighboring landowners. It ordinarily is not a defense that the condition constituting a nuisance existed before the arrival of neighboring residents. ...
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