Question

Malik daniels owns a large home on a two-acre lot in flagstaff, arizona. daniels has much of the lot covered with tiff grass and is meticulous about mowing the lawn. daniels piles the grass clippings near his back fence and removes them on a semiannual basis. the clippings attract crickets, rodents, scorpions, and other forms of desert life. daniels' neighbor, garrett watts, has noted that the various forms of desert life scale the wall and invade his property. watts has worked with his exterminator, but his exterminator has told him that he is unlikely to get rid of the bugs till the grass clippings are removed. watts:

a. could clean up the pile and recover from daniels under the comprehensive environmental response, compensation, and liability act.
b. could report daniels for violating the solid waste disposal act.
c. could seek an injunction against daniels on the basis of nuisance.
d. would not have a nuisance claim since he is the only one who is affected.

Answer 1

Garrett Watts could seek an injunction against Malik Daniels on the basis of nuisance as it is causing harm to his property by attracting pests. This legal remedy would be applicable even if he is the only one affected.

Step-by-step explanation:

The most appropriate course of action for Garrett Watts, who is dealing with pests invading his property due to Malik Daniels' habit of accumulating grass clippings, would be Option C: could seek an injunction against Daniels on the basis of nuisance. As the nuisance is specifically causing him harm by attracting pests to his property, he may have grounds to seek this legal remedy.

A nuisance claim doesn't require that multiple parties be affected, and the presence of the grass clippings could be considered a significant interference with the use and enjoyment of Watts' property. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Solid Waste Disposal Act claims are less relevant here, as they pertain more to hazardous waste and solid waste management on a broader environmental scale, rather than the neighborly dispute at hand.

Garrett Watts, the neighbor of Malik Daniels, could seek an injunction against Daniels on the basis of nuisance to address the issue of pests invading his property due to the presence of the grass clippings pile. A nuisance claim can be made if a person's use or enjoyment of their property is unreasonably interfered with by another person's activities or conditions on their property. In this case, the pests attracted to the grass clippings are causing a nuisance for Watts.