Private Nuisance 3 Private Nuisance Suit Name Class Date Professor Private Nuisance Suit In this lawsuit a group of landowners are bringing private a nuisance suit against a nearby dairy farm citing the aromatic nature of the farm's liquid manure spreading operation is a public nuisance. The landowners or the plaintiffs in the private nuisance suit are members of the Neighbors Invested in a Clean Environment and are suing the defendant Chris lively for creating such a horrendous smell with his manure spreading practices that it has become a major disruption to the lives of other members of the community. While the landowners understand there will be a certain level of smell from the dairy farm operation, the use and storage of the manure is what is causing the horrendous smell and inciting anger and frustration from surrounding landowners. In the normal dairy farm process the manure that is left by the cows would be spread across the farmlands to be used as a form of fertilizer. The problem is the defendant’s dairy farm is making a considerable amount of manure due to the large number of cows located on the property that are not ever put out to pasture but instead are left in the barn twenty four hours a day. The manure is not spread in the traditional manner but instead is stored in one of the six storage lagoons that basically liquefy the manure which is then shot through pipes into the air and over the farm land. The method used by this dairy farm is creating an offensive smell and land owners cannot enjoy their land. Other issues involve the collection the collection of the liquid manure in the ditch that runs along other landowner’s property creating a marshy mess. The drain not only runs through many of the landowner’s property creating a nuisance, it drains into the stream located on the Bountiful State Park which flows into the Nishna River. The Nishna River is a public waterway system and when the manure drains into the river it threatens the public water supply and can cause a major health hazard if let to continue. The judge’s ruling was not only fair but reasonable. Anxious and the other members of NICE were aware of the existence of the large dairy farm before they moved in. Common sense would dictate that there would be a certain level of smell due to the large number of cows located on the dairy farm. While the judge did not find the smell was a nuisance or Anxious land had been trespassed on by the run off manure, he did find that the dairy farm owner was responsible for making the necessary changes that would prevent the run off in the ditch and the leakage into the public waterway. While no citizen has yet to become sick due to the manure flowing into the river, if the manure continues to flow into the river it could result in a major health hazard that will result in citizens becoming ill. A private nuisance lawsuit can be brought when there is an interference with a pers.

1. Private Nuisance 3
Private Nuisance Suit
Name
Class
Date
Professor
Private Nuisance Suit
In this lawsuit a group of landowners are bringing private a
nuisance suit against a nearby dairy farm citing the aromatic
nature of the farm's liquid manure spreading operation is a
public nuisance. The landowners or the plaintiffs in the private
nuisance suit are members of the Neighbors Invested in a Clean
Environment and are suing the defendant Chris lively for

2. creating such a horrendous smell with his manure spreading
practices that it has become a major disruption to the lives of
other members of the community. While the landowners
understand there will be a certain level of smell from the dairy
farm operation, the use and storage of the manure is what is
causing the horrendous smell and inciting anger and frustration
from surrounding landowners.
In the normal dairy farm process the manure that is left by
the cows would be spread across the farmlands to be used as a
form of fertilizer. The problem is the defendant’s dairy farm is
making a considerable amount of manure due to the large
number of cows located on the property that are not ever put out
to pasture but instead are left in the barn twenty four hours a
day. The manure is not spread in the traditional manner but
instead is stored in one of the six storage lagoons that basically
liquefy the manure which is then shot through pipes into the air
and over the farm land. The method used by this dairy farm is
creating an offensive smell and land owners cannot enjoy their
land.
Other issues involve the collection the collection of the
liquid manure in the ditch that runs along other landowner’s
property creating a marshy mess. The drain not only runs
through many of the landowner’s property creating a nuisance,
it drains into the stream located on the Bountiful State Park
which flows into the Nishna River. The Nishna River is a public
waterway system and when the manure drains into the river it
threatens the public water supply and can cause a major health
hazard if let to continue.
The judge’s ruling was not only fair but reasonable. Anxious
and the other members of NICE were aware of the existence of
the large dairy farm before they moved in. Common sense
would dictate that there would be a certain level of smell due to
the large number of cows located on the dairy farm. While the
judge did not find the smell was a nuisance or Anxious land had
been trespassed on by the run off manure, he did find that the
dairy farm owner was responsible for making the necessary

3. changes that would prevent the run off in the ditch and the
leakage into the public waterway. While no citizen has yet to
become sick due to the manure flowing into the river, if the
manure continues to flow into the river it could result in a major
health hazard that will result in citizens becoming ill.
A private nuisance lawsuit can be brought when there is an
interference with a person's interest in the use and enjoyment of
his land (LaMance, 2008). While the landowners did suffer
reduced enjoyment in their land the dairy farm was an already
established business in the community when the homeowner
purchased their lands. The judge used his power of discretion to
curtail the manure operations in a way that would reduce the
risk to the public but did not find for the plaintiffs concerning
the horrendous smell because the landowners made a choice to
buy land near a dairy farm.
References
LaMance, K. (2008). What is Private Nuisance. Retrieved June
17, 2011 from
http://www.legalmatch.com/law-library/article/private-nuisance-
lawyers.html
CRJS430-IP1 1

4. CRJS430 - IP1
Name
Class
Date
Professor
CRJS430 - IP1
Captain Smith,
When researching the different theories to use in
approaching research I have discovered there are four different
types that could be implemented. The deductive, inductive,
grounded, and axiomatic theories are all possible methods for
researching crime prevention strategies. A theory is an
integrated body of propositions, assumptions, and definitions
that are related in explaining and predicting relationships
between two or more variables. Choosing the best theory in
approaching research is important to developing appropriate
strategies. These theories will help to determine the most
appropriate approach to researching these new prevention
strategies and finding successful solutions to the growing crime
problem in the community.
In determining which approach to research would best suit a
crime prevention strategy we must first understand the

5. differences in the four types of research theories. Determining
the best type of research strategy will help in developing a
productive method for changing the crime situation. If the right
type of research theory is not implemented it can result in
invalid results and inaccurate findings. The best research
method will involve the ability to develop good methods for
preventing crime and provide the necessary to data to make the
right determinations on what method to use.
The deductive theory of research will begin with the theory
and then become more specific in the research once the
hypothesis has been created and then tested. In other words the
original research question will be tentative until the hypothesis
narrows down the topic. The topic will narrow down even
further when we collect observations to address the hypotheses
(Trochim, 2006). This enables the hypotheses to be tested with
specific data of the original theory. This is a logical method for
determining the type of research approach.
Inductive reasoning works oppositely from deductive
reasoning. Instead of starting from the general and working to
the specific, the inductive starts with specific and works its way
back to the general. This is called the bottoms up approach and
deductive reasoning is considered the top approach to research
theories. In inductive reasoning, we begin with specific
observations and measures, begin to detect patterns and
regularities, formulate some tentative hypotheses that we can
explore, and finally end up developing some general
conclusions or theories (Trochim, 2006). Inductive reasoning is
more explorative then deductive reasoning. Deductive reasoning
is narrower and less open ended.
Grounded theory is a research method where the theory is
developed from the information and data that has been
collected. The research method is similar to the indicative
method because it begins with a specific research topic and then
determines a more broad area of research. The method of study
is based on three elements. They are concepts, categories and
propositions, or what was originally called hypotheses

6. (Davidson, 2002). It is a qualitative research method that uses a
specific set of procedures used to develop a theory to solve the
issue at hand. In this case it would be used to induce a method
of research that would most benefit the prevention of crime in
the community. The information will then be used to glean the
context and process that would be used in the determined
research method.
Grounded theory is often found to be a method which
separates theory and data but others insist that the method
actually combines the two (Davidson, 2002). The principles
behind collecting data and analyzing the theory are connected
and will guide the process. The process of asking questions and
making comparisons guides the research and helps to determine
the best process for doing the research.
Open coding, axial coding and selective coding are the
three sampling procedures used in grounding. Data collection is
directed by theoretical sampling, which means that the sampling
is based on theoretically relevant constructs (Davidson, 2002).
Theoretical sampling is used to determine the objectives of the
research, identify specific factors, and determine relevant
categories of study. Grounded theory contains many unique
characteristics that are designed to maintain the grounded
approach. This is done through data collection and analysis.
The axiomatic theory uses mathematical equations to
determine the solutions to a problem. It uses a set of axioms to
derive theories. The theory is used to prove if the facts are true
or false and is grounded in the set theory. This means that the
information can be explained through mathematical equations,
graphs and other types of mathematical structures. This type of
research is useful when trying to determine statistical
information or to determine trends or patterns.
The inductive and grounded theories start with a specific
topic of research and then broaden the area of study. This
method would be helpful to finding crime prevention method
because it begins with the topic and then broadens the area of
research. This would allow the research concerning preventive

7. methods to broaden the area of study to determine the case of
the crime issues and allowing for more determinations of what
is causing this problem.
A deductive method will start with a general topic and
become more specific as the research is conducted. By testing
the hypothesis the researcher can make determinations of the
specific cause for crime and the best method for preventing
crime from happening. It can narrow down the areas of concern
and help to develop a productive method of research in order to
develop a crime prevention program in the community. The
inductive research methods begin with a specific topic but
broaden the area of research as it is need. Axiom research
methods only work if there is an ability to determine the data
through mathematical means. The inductive research method
would be the most beneficial for creating this prevention
program.
A theory is conjecture concerning a topic or idea. In other
words the researcher will speculate about a certain topic, event,
or situation and then develop explanations to answer the
question being asked. A hypothesis is a proposition. It is a set
of ideas that will explain a particular phenomenon through
testing the idea. A theory is discussed and a hypothesis is
tested. A hypothesis gives a scientific explanation for the topic
being researched after it has been tested. A theory is developed
once the research is complete.
A hypothesis is a possible explanation arrived at by
studying facts, using logic and assumption, but it is still in a
formative stage and over time, and generally through
experimentation, hypotheses that are proven to be true then
become the foundations of the theory (Moran, 2002). While
theories are generally believed to be factual the assumption
arises from the gathered data and justifiable assumptions. An
example of a theory would be the belief that many scientists
believed the world was flat. Until proof was presented to change
the theory it was believed to be factual.
A theory will start with a hypothesis. It will be tested and

8. determined if it is true or false or accurate or inaccurate. The
findings will be given to the scientific community and if true
will develop into a theory. It is a rational explanation of a
single event or phenomenon based upon what is observed, but
which has not been proved (Wilson, 2007). In other words if
you tested a hypothesis that says children with ADHD are
exposed to pesticides. If the hypothesis proves true, a theory
will be developed concerning the effect of pesticides on
children with ADHD.
A variable is a thing being measured in research or a
scientific study. A variable is an object, event, idea, feeling,
time period, or any other type of category you are trying to
measure (Shuttleworth, 2008). The two different types of
variable are dependent and independent. The independent
variable can stand alone from the research and the dependant
variable is dependent on other variables. Most scientific
experiments measure quantifiable factors, such as time or
weight, but this is not essential for a component to be classed as
a variable (Shuttleworth, 2008). In order to be considered a
variable if it is a constant part of the research or it could affect
the outcome of the research.
An independent variable cannot be changed by other
variables being measured. If an independent variable creates
change in any aspect of the study it is a dependent variable. The
dependant variable relies on other variable in order to be
important to the research. The schema is defined in a variable
through giving it a value or a definition. The define expression
informs the schema of a particular variable and tells the schema
to allow for room for the variable. This is important in
determining the viability of the variable and its place within the
research.
References
Davidson, A. (2002). Grounded Theory. Retrieved August 24,
2010 from
http://www.essortment.com/all/groundedtheory_rmnf.htm

9. Moran. L. (2002). What’s the Difference between a Theory and
Hypothesis? Retrieved August
24, 2010 from http://www.talkorigins.org/faqs/evolution-
fact.html
Sherman, L. (nd). Preventing Crime: What Works, What
Doesn’t and What’s Promising.
Retrieved August 24, 2010 from http://www.ncjrs.gov/works/
Shuttleworth, M. (2008). Research Variables. Retrieved August
24, 2010 from Experiment
Resources. http://www.experiment-resources.com/research-
variables.html
Trochim, M. (2006). Deduction & Induction: Deductive and
Inductive Thinking. Retrieved
August 24, 2010 from
http://www.socialresearchmethods.net/kb/dedind.php
Wilson, J. (2007). Scientific Laws, Hypotheses, and Theories.
Retrieved August 24, 2010 from
http://wilstar.com/theories.htm