Rose v. Chaikin

453 A.2d 1378 (1982)

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Rose v. Chaikin

Court of Appeals of New Jersey
453 A.2d 1378 (1982)

Richard Lavigne headshot
  • Written by Richard Lavigne, JD

Facts

Rose (plaintiff) owned a parcel of oceanfront land neighboring Chaikin (defendant). Chaikin erected a windmill for the purpose of generating electricity. Rose claimed that noise from the windmill was causing sleep deprivation and stress related health symptoms. Rose initially petitioned the city council for a restraining order prohibiting Chaikin from continuing to operate the windmill. The city council issued a temporary restraining order limiting the times when Chaikin could operate the windmill. Alleging ongoing problems from the noise of the windmill, Rose filed suit seeking a court-ordered injunction. Chaikin counterclaimed for an injunction prohibiting Rose from operating a heat pump.

Rule of Law

Issue

Holding and Reasoning (Gibson, J.)

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Key Terms

  • Private nuisanceAn interference with an individual’s right to reasonable private use and enjoyment of his personal property.

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