The prevailing system of municipal zoning, in which residential areas are generally kept a safe distance from industrial, retail and agricultural uses, arose in part as a means to protect residents from dust, smoke, noise, odor, traffic and other “nuisances” generated by the commercial uses.
<b><i>In the Spotlight:</i></b> Nuisance Liability in the Mixed-Use Context
The recent trend toward denser, more sustainable, and transit-oriented "mixed-use development" ' in which residential space is situated alongside and/or on top of retail, office and commercial space ' has the potential to improve urban quality of life greatly, but it also renews the potential for "nuisances," and consequently, for disputes over liability, compensation, and mitigation of the offending operations.
By
Kevin D. Hughes And Linda J. KimThis premium content is locked for LawJournalNewsletters subscribers only
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