Biglane v. Under The Hill Corporation

949 So. 2d 9 (2007)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1967 Ps purchased a dilapidated building at 27 Silver Street that had been built in the 1840s, and opened the lower portion of the building as a gift shop in 1978. In 1973, Andre Farish, Sr., and Paul O'Malley purchased the building directly next door, at 25 Silver Street, which had been built in the 1830s; in 1975 they opened the Natchez Under the Hill Saloon. Eventually, the Saloon would come to be run by the children of Mr. Farish, Melissa, and Andre, Jr. The Saloon survived and thrived. Ps began converting the upper floors of 27 Silver Street into a large apartment, which they moved into in 2002. The raucous nature of the Saloon kept them wide awake at night. It was live music during the summertime and the un-air-conditioned Saloon which opened its windows and doors to lessen the heat inside. The music echoed up and down Silver Street. Mrs. Biglane was frustrated by the constant rock and roll, conversation, and the clack of pool balls. D listened to P and installed thick windows to block noise. D also purchased a sound meter by which bands could measure their output in decibels, and forbade them from going over a certain point. P sued D for a private nuisance, among other causes of action, and D counterclaimed alleging that the P had tortiously interfered in its business (by blocking the nearby parking lots) and defamed them (by sending a letter of complaint to the City Attorney). After much colorful testimony, the chancellor determined that D was a private nuisance and enjoined the Saloon from leaving open any doors or windows when music was playing and ordered it to prevent patrons from loitering in the streets. The trial court also found that Ps had tortiously interfered with the business relations of D. D cross-appealed, arguing that its business was not a private nuisance.