Ludwig v. Bella Casa, LLC

I agree with the majority that the circuit court did not abuse its discretion in refusing to instruct the jury on the two jury instructions proffered by Ludwig.

However, I disagree with the majority that the circuit court erred in submitting the nuisance issue to the jury for determination. After the jury’s verdict that a nuisance was ongoing, the judge determined that injunctive relief was warranted. This procedure was appropriate in my judgment for several reasons.

First, common law nuisance has traditionally been a cause of action submitted to the jury. See, e.g., McLean v. City of Fort…