Rassier v. Houim

I agree with much of what Justice VandeWalle writes for the majority to dispel confusion and to clarify the law of private nuisance. The majority correctly states that, under NDCC 42-01-01, there is an absolute duty not to act in a way that unreasonably interferes with the use and enjoyment of the property of other persons.

That absolute duty is not dependent on violation of any other express law, ordinance, or regulation. Justice VandeWalle’s analysis thus demonstrates that the trial court’s conclusion, that “[njothing in [the] operation (noise) [of Houim’s wind turbine] is in violation of…