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Hendricks v. Stalnaker

Supreme Court of Appeals of West Virginia
380 S.E.2d 198 (1989)


Facts

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

Issue

Holding and Reasoning (Neely, J.)

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