In: Other Topics

Submitted By mabb
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Paula has owned property in a relatively undeveloped area near the top of Black Mountain for many years.
Six years ago, Telephone Company erected a cell phone transmission tower on Black Mountain not far from Paula’s property.
Four years ago, Paula built a cabin on her property and began to spend most of her free time there engaging in bird watching and other outdoor activities.
Last year, Telephone Company leased space on the tower for an emergency alert siren and agreed to install the siren and to test it regularly. The site was chosen because it allows the siren’s warning to carry farther than from any other site.
Telephone Company promptly installed the siren. Since its installation, it has tested the siren for a five-minute period weekly. The resulting sound is so loud as to cause Paula to stop whatever she is doing and cover her ears. It also greatly reduces the local bird population.
Two months ago, Paula sent a letter to Telephone Company outlining the effects of the siren and demanding that it cease its activities. Telephone Company has not responded to Paula’s demand.
Does Paula have any claim against Telephone Company? Discuss

Does Paula have a claim against Telephone Company?
Trespass to Land
An intrusion onto the land of another. Paula will have to establish the Telephone Company (D) intentionally intruded upon or caused a thing to intrude upon her land, causation and damages.
The D must have performed a volitional act.
Here, Paula will show the telephone company placed the siren on the tower and intentionally tested it weekly because the telephone company did install and tested the siren weekly and knew or should have known the sound waves would come onto her property; therefore Paula would have established intent.
The D must have intended the harm.
Here, the D intended the harm because D agreed to test it regularly;…...

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