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Property Keyed to Merrill
Hendricks v. Stalnaker
Facts
Hendricks and Stalnaker were landowners holding plots of land that are located adjacent to each other. The town where their land was located regulated the placement of septic tanks. The regulation stated that a tank could not be positioned within 100 feet of a water well. Shortly before Hendricks applied for a water well permit, Stalnaker applied for a permit to install a water well on his land. Due to the two adjacent plots layout, it was impossible for Hendricks to later install a septic tank without being within 100 feet of Stalnaker’s water well. Hendricks brought suit against Stalnaker on the grounds that Stalnaker’s water well was a nuisance.
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