Hendricks v. Stalnaker
Supreme Court of Appeals of West Virginia
380 S.E.2d 198 (1989)
Hendricks (plaintiff) and Stalnaker (defendant) were landowners holding plots of land adjacent to each other. The town in which they lived regulated the placement of septic tanks, stating that a tank could not be located within 100 feet of a water well. Stalnaker applied for a permit to install a water well on his land, shortly before Hendricks applied for a permit to install a septic tank on his land. Their two adjacent plots were situated in such a way that it was not possible for Hendricks to install a septic tank without being within 100 feet of Stalnaker’s water well. Since Hendricks was unable to construct a septic tank, he brought suit alleging that the water well was a nuisance.
Rule of Law
Holding and Reasoning (Neely, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.