The court sided with the residents, treating the funeral home as a private nuisance.
You may have to pay compensation for any damage caused if you create a public or private nuisance.
So would the other private nuisance caused to the church.
The idea of private nuisance has been criticised by academics for at least 50 years.
Despite this, definitions of private nuisance fail to include any reference.
Lord Lloyd in his judgment referred to three areas of private nuisance:
A private nuisance may be, and usually is, caused by a person doing, on his own land, something which he is entitled to do.
Any affected property owner has standing to sue for a private nuisance.
In Scotland, there's no recognized distinction between public and private nuisances.
The jury found that the wind farm did not create a "private nuisance", as was charged, and they made no award to the plaintiffs.