Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Commercial Leasing Law & StrategyKickerFeaturesSectionsNewsLJN Newsletters

<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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.