1. Substantial (offensive to ordinary average person)
2. Unreasonable
3. Interference w/ (consequences, not intent/conduct of defendant)
4. Use and Enjoyment of
5. Another's land (including tenants)

1. Extent of harm
2. Character of harm
3. Economic and social value of conflicting activities
4. Suitability of activities for the land
5. Ability of either party to avoid the conflict
6. Practicability of either party to avoid conflict

1. Large financial loss of plaintiff
2. Plaintiff has physical damage to property
3. Person on plaintiff land has physical or mental harm
4. Harm is long duration or unremitting
5. Would be costly for plaintiff to avoid harm

1. Courts determine no nuisance
2. Plaintiff gets damages
3. Plaintiff gets injunction on defendant to stop
4. Plaintiff can stop defendants conduct if plaintiff pays damages to defendant for their loss (PURCHASED INJUNCTION)

Trespass is invasion of landowner interest (interest protected is possessory)

Nuisance is interference with use and enjoyment (interest protected is quiet enjoyment of land)

Police Power

and

Zoning Enabling Act

Police power from state governments to regulate health, welfare and safety of citizens

Zoning enabling acts - delegation of zoning power to local governments

Use Zoning = separate districts of residential, commercial, industrial or agricultural

Area Zoning = specifications for each zone - size of lots, set back requirements, height of buildings, etc.

Both can have variances issued

1. Lawfully existed prior to new zoning ordinance or amendment
2. Use is maintained after the effective date (needs to be continuous/ongoing)
3. Use no long complies with new rules

1. non conforming use should be reduce to conformity as quickly as compatible with justice
2. continuance should remain substantially the same as previous non conforming use
3. changes after non conformation should be negligible or insubstantial
4. no enlargement
5. If use is abandoned, likely to lose non conforming use

Nature and purpose of use

Impact on neighborhood

Change in operating hours

Change in functional use of land

Changes in methods

Changes in quantity of production

Changes in facility/structure (repair is allowed)

Changes in product or form of service

Change in nature of business

When are rights vested for non conforming use

four options

1. "substantial investment" with active permit
2. Issue of valid building permit without costs
3. Substantial costs before permit
4. Filing for permit without substantial costs

1. Literal enforcement of ordinance produces unique and unnecessary burden 
2. Variance is not contrary to public interest
3. Hardship was not self-imposed
4. Property is unique or unusual

1. Power of state to condemn property, 
2. expropriate it
3. pay just compensation
4. Transfer property
5. For some public welfare use

1. Was taking for public use, welfare or benefit
2. Is land private property?
3. Has there been just compensation?