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<b><i>In the Spotlight:</i></b> Nuisance Liability in the Mixed-Use Context

By Kevin D. Hughes and Linda J. Kim
November 02, 2015

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. 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.

The unique circumstances of mixed-use development, including the often-complicated ownership structure and the physically integrated nature of the competing uses, can create interesting wrinkles for the lawyers who defend these claims. As mixed-use developments rise in popularity, it becomes increasingly important for developers and their lawyers to understand the liability issues associated with these projects.

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