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Learning Goal: I’m working on a law discussion question and need an explanation and answer to help me learn.
Martinez is working with a new consulting LCA client, the Smith & Smith law firm, that is representing a client/plaintiff in a civil lawsuit regarding a private nuisance claim. The facts in Smith & Smith’s client/plaintiff case are:
Hypothetical Facts: The plaintiff is suing his neighbor for creating a private nuisance. The neighbor built a 12-foot tall privacy fence around their yard and attached bright strobe lights and powerful speakers that face the plaintiff’s back yard. The lights are on every day from dusk to dawn, and loud music is played via the speakers from 10 pm to 2 am every Wednesday, Friday, and Saturday. The client/plaintiff claims that (1) the light and noise prevent him from sleeping, and (2) the fence is ugly and has diminished the value of his Maryland home.
Martinez asks you and a paralegal colleague to complete research and report information about the case to him. The Echard opinion is relevant to the Smith & Smith client/plaintiff’s case and will be the focus of your research.
Using Westlaw, retrieve the Echard court opinion by entering this partial citation in the Westlaw GSB: 159 Md. App. 110. Read the opinion, and respond to each of the following questions.
1. What is the name of the court that issued this opinion, and is it Maryland’s court of last resort (highest court) or intermediate (middle-level) appellate court?
2. Cite the Echard opinion using Bluebook format.
3. Defense counsel for the neighbor has asked the court to dismiss the client’s lawsuit, arguing that even if the client/plaintiff’s allegations are true, there is no private nuisance. In support of this argument, defense counsel argues that dismissal is required because the Echard opinion is “on all fours.” Compare the client’s case with the facts in Echard and decide whether you agree with the defense counsel’s argument. State your conclusion and explain why you agree or disagree.