Once a court has determined that an offender has substantially and unreasonably interfered with the use or enjoyment of another's property, the court may issue an injunction forcing the offender to do something to ease the nuisance-creating activity. Which of the following will be conducted by the court in determining whether to issue an injunction?
A) An investigation into the relevant political connections of the parties before it
B) A balancing of interests looking at the relative economic hardship of the parties and any public interest in the offender's activity
C) A balancing of interests looking at the offender's charitable donations and the offender's income tax revenue
D) An investigation into what local scientists think the property in question is best suited for
E) A determination of how much money can be saved by ignoring the nuisance

Question

Quizplus · Accepted Answer

The court in Cook v. Sullivan supported the trial court's use of a balancing test to determine whether an injunction forcing the Sullivan to move their house was appropriate. In that case, the trial court "explained in its final verdict that it was prepared to decide what remedy 'would be equitable and fair under all the circumstances.' Further, the court told the parties during trial that it was considering the equities of both parties when considering the appropriate remedy."

Once a Court Has Determined That an Offender Has Substantially