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Hendricks v. Stalnaker

380 S.E.2d 198 (W.Va. 1989)

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Hendricks v. Stalnaker

Supreme Court of Appeals of West Virginia

380 S.E.2d 198 (W.Va. 1989)

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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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