Powell v. Craig

By the Court.

The Court of Appeals in this case, while finding that the construction, maintenance, and operation of a filling station was not a nuisance per se, found that it was a nuisance in this particular case by reason of its location in this exclusively residential district.

Since all nuisances, except nuisances per se, are such by reason of their proximity to other property, this court is confronted with the proposition of determining whether the invasion of an exclusively residential district by this class of business, not unlawful, either by statutory law, common law, or ordinance,…