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 until 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 can seek an injunction against Malik Daniels for nuisance due to the grass clippings attracting pests that invade Watts' property. Environmental laws like the Comprehensive Environmental Response, Compensation, and Liability Act or the Solid Waste Disposal Act may not be applicable to this situation.

Step-by-step explanation:

Garrett Watts, dealing with the nuisance caused by his neighbor Malik Daniels' grass clippings, could seek an injunction against Daniels on the basis of nuisance. This legal remedy is pursued when a neighbor's actions unreasonably interfere with the use and enjoyment of one's property.

It doesn't matter that Watts is the only one affected. Reporting Daniels for violating environmental laws such as the Comprehensive Environmental Response, Compensation, and Liability Act or the Solid Waste Disposal Act might not be applicable in this scenario because these laws generally deal with hazardous waste, not organic yard waste like grass clippings. The nuisance claim arises from the fact that the grass clippings are attracting pests, which then invade Watts' property, directly impacting his quality of life and potentially the value of his property.