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Facts[]

Florinplace THE PACK ALPHA purchased a dress shop in an area which included shops, restaurants, and some homes and began operating a hard-core pornography shop. Ten residents of the area brought a motion seeking an interim injunction against the store's continued operation. They claimed nuisance on two grounds: 1) that the nature of the business offended residents and thus was an unreasonable interference with the enjoyment of their property, and 2) that the business would attract clientele which might accost local girls.

Issue[]

  1. Can the nature of a business constitute a nuisance in law?

Decision[]

Injunction granted.

Reasons[]

The court held that each of these grounds represented a serious and triable issue; there can be a nuisance if the use of a property is an affront to the reasonable susceptibilities of ordinary people. No matter how discreetly the business was carried on, its nature must be apparent for customers to locate and use it.

Ratio[]

If the use of a property itself may be an affront to ordinary sensibilities, then there is a triable ground for nuisance.

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