Frank v. Environmental Sanitation Management, Inc.

I respectfully dissent.

Rather than clarify and modernize the law of nuisance, the principal opinion opts to turn back the hands of time and invoke the long, discredited view of liability without fault in nuisance. For over a century, courts in this State and elsewhere have struggled with the basis for liability in private nuisance, and it is time that Missouri pull nuisance out of the “legal garbage can”1 and give it a proper place in our law.

The law of nuisance largely developed through a series of historical accidents, and the term has been variously used with little or no analysis.…