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KRS 411.540

Temporary nuisance

Applied in 4 court decisions — leading case Rockwell International Corp. v. Wilhite (2003)

Most recently applied in 5 F. Supp. 3d 865 - Merrick v. Diageo Americas Supply, Inc. (March 2014)

Effective: May 24, 1991 History: Created 1991 (1st Extra

How often courts cite this section

20032010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any private nuisance that is not a permanent nuisance shall be a temporary nuisance.

(2) A temporary nuisance shall exist if and only if a defendant's use of property causes unreasonable and substantial annoyance to the occupants of the claimant's property or unreasonably interferes with the use and enjoyment of such property, and thereby causes the value of use or the rental value of the claimant's property to be reduced.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.