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Joshua Whipp
LA 104 : Law and Research
Dr. Tracy Parker
Frederick Community College
Spring Semester
Sophomore Year
INTEROFFICE MEMORANDUM OF LAW
TO: Dr. Tracy Parker
FROM: Joshua Whipp
DATE: May 1, 2013
CASE: Tenants of Pine Street v. Beacon House Inc. RE: Case Analysis
OFFICE FILE #: 0020
DOCKET #: LA-120
STATEMENT OF ASSIGNMENT
You have asked me to write a memorandum analyzing whether it would be
possible to enjoin Beacon’s proposed use of the apartment building on the ground that it
constitutes an equitably abatable nuisance.
ISSUES
Does a group of tenants have a right to issue an injunction of an equitably
abatable nuisance, given that the alleged nuisance party is using the property reasonably
and has also not yet moved into the apartment building?
FACTS
Beacon House Inc. recently purchased 3 of 12 apartment buildings on the 600
block of Pine Street in Hartford, Connecticut. Beacon plans to use the building as a center
for teenagers who have runway from home. Current plans hold that there will be about
sixty youths of both sexes moving in within the next two months. The residents of the
600 block of Pine Street are predominately working class and the block is entirely
residential.
The tenants of the apartment complex are opposed to the opening of this center
for runaway youths because they are afraid that it will result in an increase of crime in the
neighborhood, more specifically, drug related offenses. Beacon maintains two similar
centers in similar neighborhoods in other New England cites. While one of these centers
has resulted in no noticeable increase in crime, the opening of their second center in
Boston a year ago was followed by a 30 percent increase in violent crime in the
neighborhood. That center was recently closed down when the Boston police discovered
that it had become a major distribution center for heroin and other drugs. The pine street
residents also fear that the opening of the center will encourage the trend of general
deterioration and neglect in the neighborhood.
ANALYSIS
The issue here is the question of can Beacon House be tagged for an abatable
nuisance. Similar issues have arisen in the state of Connecticut before. One would be the
case of Nicholson v. Conn. Half-Way House (1966). In the case Nicholson tried to slap
the half-way house with a nuisance charge before they were even established in the
neighborhood. In the case, law stated
“No court of equity should ever grant an injunction merely because of the
fears or apprehensions of the party applying for it. Those fears or apprehensions
may exist without any substantial reason. Indeed they may be absolutely
groundless”
The tenants of Pine Street have a preconceived notion of what these runaways will be like
and have fears of them increasing the crime rate of the area. All of these fears and
apprehensions are simply an assumption.
When looking at pegging a company with an equitably abatable nuisance we must
first look at one of the basic elements of a nuisance. That the land is being used
unreasonably, which, in the present matter, the Beacon House’s Center for runaway
youths has yet to be established in the apartment complex.
The court takes injunctive relief very seriously and in this case the Beacon House
Inc. is using the space reasonably since not only have they thought about the location and
have experienced this before. They have blueprint of all the staff and help that will be
need to take in these runaway youths. The tenants are basing their opinions on
presumption that all runaways are up to no good. When in theory it could be just as much
the parent’s fault then the kids themselves.
Although Beacon has had a past center that caused a crime rate increase and a
drug problem doesn’t mean that history is bound to repeat itself. With that closing, I
would figure that Beacon House Inc. will be more diligent to make sure that scenario will
not happen again. I could presume that the police would feel the same way with all the
drugs trafficking that happened in the Boston center.
The tenants of Pine Street would most likely fail to stick Beacon with an equitably
abatable nuisance charge this early in the game.
CONCLUSION
It is in my opinion that the court will rule in favor of Beacon House Inc. there is
not enough evidence that the kids coming to the center for runaway youths will
demonstrate the violent crime and drug tendencies that the residents so strongly fear.
Above that the basic elements of a nuisance are not being met since the Center is not yet
established, therefore, one cannot say that they are already using their property
unreasonably.
RECOMMENDATIONS
Not much additional investigation needs to be done in this case. Unless we knew
the specific individuals coming to the Center of runaway youths being established by
Beacon and we could figure out their criminal history. From there one could raise an
argument but even then, it would have to be established first. The case seems to be quite
black and white.
demonstrate the violent crime and drug tendencies that the residents so strongly fear.
Above that the basic elements of a nuisance are not being met since the Center is not yet
established, therefore, one cannot say that they are already using their property
unreasonably.
RECOMMENDATIONS
Not much additional investigation needs to be done in this case. Unless we knew
the specific individuals coming to the Center of runaway youths being established by
Beacon and we could figure out their criminal history. From there one could raise an
argument but even then, it would have to be established first. The case seems to be quite
black and white.

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JDW.INTEROFFICE MEMORANDUM OF LAW2

  • 1. Joshua Whipp LA 104 : Law and Research Dr. Tracy Parker Frederick Community College Spring Semester Sophomore Year
  • 2. INTEROFFICE MEMORANDUM OF LAW TO: Dr. Tracy Parker FROM: Joshua Whipp DATE: May 1, 2013 CASE: Tenants of Pine Street v. Beacon House Inc. RE: Case Analysis OFFICE FILE #: 0020 DOCKET #: LA-120 STATEMENT OF ASSIGNMENT You have asked me to write a memorandum analyzing whether it would be possible to enjoin Beacon’s proposed use of the apartment building on the ground that it constitutes an equitably abatable nuisance. ISSUES Does a group of tenants have a right to issue an injunction of an equitably abatable nuisance, given that the alleged nuisance party is using the property reasonably and has also not yet moved into the apartment building? FACTS Beacon House Inc. recently purchased 3 of 12 apartment buildings on the 600 block of Pine Street in Hartford, Connecticut. Beacon plans to use the building as a center for teenagers who have runway from home. Current plans hold that there will be about sixty youths of both sexes moving in within the next two months. The residents of the
  • 3. 600 block of Pine Street are predominately working class and the block is entirely residential. The tenants of the apartment complex are opposed to the opening of this center for runaway youths because they are afraid that it will result in an increase of crime in the neighborhood, more specifically, drug related offenses. Beacon maintains two similar centers in similar neighborhoods in other New England cites. While one of these centers has resulted in no noticeable increase in crime, the opening of their second center in Boston a year ago was followed by a 30 percent increase in violent crime in the neighborhood. That center was recently closed down when the Boston police discovered that it had become a major distribution center for heroin and other drugs. The pine street residents also fear that the opening of the center will encourage the trend of general deterioration and neglect in the neighborhood. ANALYSIS The issue here is the question of can Beacon House be tagged for an abatable nuisance. Similar issues have arisen in the state of Connecticut before. One would be the case of Nicholson v. Conn. Half-Way House (1966). In the case Nicholson tried to slap the half-way house with a nuisance charge before they were even established in the neighborhood. In the case, law stated “No court of equity should ever grant an injunction merely because of the fears or apprehensions of the party applying for it. Those fears or apprehensions may exist without any substantial reason. Indeed they may be absolutely groundless”
  • 4. The tenants of Pine Street have a preconceived notion of what these runaways will be like and have fears of them increasing the crime rate of the area. All of these fears and apprehensions are simply an assumption. When looking at pegging a company with an equitably abatable nuisance we must first look at one of the basic elements of a nuisance. That the land is being used unreasonably, which, in the present matter, the Beacon House’s Center for runaway youths has yet to be established in the apartment complex. The court takes injunctive relief very seriously and in this case the Beacon House Inc. is using the space reasonably since not only have they thought about the location and have experienced this before. They have blueprint of all the staff and help that will be need to take in these runaway youths. The tenants are basing their opinions on presumption that all runaways are up to no good. When in theory it could be just as much the parent’s fault then the kids themselves. Although Beacon has had a past center that caused a crime rate increase and a drug problem doesn’t mean that history is bound to repeat itself. With that closing, I would figure that Beacon House Inc. will be more diligent to make sure that scenario will not happen again. I could presume that the police would feel the same way with all the drugs trafficking that happened in the Boston center. The tenants of Pine Street would most likely fail to stick Beacon with an equitably abatable nuisance charge this early in the game. CONCLUSION It is in my opinion that the court will rule in favor of Beacon House Inc. there is not enough evidence that the kids coming to the center for runaway youths will
  • 5. demonstrate the violent crime and drug tendencies that the residents so strongly fear. Above that the basic elements of a nuisance are not being met since the Center is not yet established, therefore, one cannot say that they are already using their property unreasonably. RECOMMENDATIONS Not much additional investigation needs to be done in this case. Unless we knew the specific individuals coming to the Center of runaway youths being established by Beacon and we could figure out their criminal history. From there one could raise an argument but even then, it would have to be established first. The case seems to be quite black and white.
  • 6. demonstrate the violent crime and drug tendencies that the residents so strongly fear. Above that the basic elements of a nuisance are not being met since the Center is not yet established, therefore, one cannot say that they are already using their property unreasonably. RECOMMENDATIONS Not much additional investigation needs to be done in this case. Unless we knew the specific individuals coming to the Center of runaway youths being established by Beacon and we could figure out their criminal history. From there one could raise an argument but even then, it would have to be established first. The case seems to be quite black and white.