Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Chuang denies in part a grocery store’s motion to dismiss allegations of statutory and common law tort brought by two residents who own a home across the street. The grocery has allegedly significantly increased noise, trash and traffic on the residents’ property. Also, a person who shoplifted at the store ran onto the residents’ property to evade authorities, then tried to steal their bikes. Construction of the store also caused vibrations so strong it shook the residents’ home and made cracks in their driveway. The residents have, therefore, plausibly argued trespass, negligence and private nuisance. However, the residents’ claims of violations of a state environmental statute fail because only political subdivisions can use this particular rule, not individual homeowners. Their case is also not strong enough to sufficiently argue emotional distress claims.