Falloon v. Schilling
Kansas Supreme Court
29 Kan. 292 (1883)
- Written by Jennifer Flinn, JD
Facts
Falloon (plaintiff) owned property adjacent to property owned by Schilling (defendant). Schilling built small, two-room homes on his property and rented those homes to African American families. Falloon alleged that Schilling did this out of spite and with the intent of annoying Falloon. Falloon filed a lawsuit seeking an injunction against Schilling. Falloon argued that both the types of homes Schilling was building and the types of families to whom he was renting these homes created a nuisance. The trial court ruled in favor of Schilling, and Falloon appealed.
Rule of Law
Issue
Holding and Reasoning (Brewer, J.)
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