Prevent Injunctions, Ripeness & Uncertain Consequences. Court will only grant an injunction if the threatened harm is ripe – i.e. there is a real and substantial threat of harm personal to P What do P’s in Nicholson (p. 280) seek to enjoin ? Does D show a propensity to do this ?
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Comes up most often in “anticipatory nuisance” cases
Anticipatory nuisance = use of property is not per se unlawful
but under these circumstances and at this location the use of
the property is unreasonable and a nuisance.
What are the standards for Nicholson-type injunctions?
Many different formulations:
“Nuisance is to a reasonable degree certain”
“Nuisance will necessarily occur”
“There is a strong probability of a nuisance”