Parkersburg Builders Material Co. v. Barrack

Kenna, President,

concurring:

I agree with the conclusion reached by the majority of the court that the plaintiff in this case has failed to show that the property as to which it seeks injunctive relief is situated in an exclusively residential section of the City of Parkersburg. Inasmuch as the granting of in-junctive relief to prohibit or abate a nuisance is, excepting where the nuisance involved is said to be a nuisance per se, dependent upon the neighborhood and surrounding conditions, and inasmuch as the plaintiff in this case has not succeeded in bringing itself within the class of…