May 30, 2014

California City Drops Nuisance Lawsuit Against Makers of Sriracha Hot Sauce

Sriracha hot sauce is great.  However, I would not want to live near a factory that makes it.  The recent news that a California city is discontinuing its nuisance lawsuit against the makers of Sriracha hot sauce was surprising after extremely intense pepper fumes were reported near the factory.  The decision was almost certainly influenced by the possibility that the factory could be moved to Texas.  Hopefully stronger filters will address the problem.     

Condominium and homeowners associations also sometimes find it necessary enforce real estate covenants that prohibit nuisances and other types of offensive behavior.  This is typically done through a combination of letters, fines, and lawsuits.  Due process procedures must be followed.  Associations should evaluate whether it is possible for owners to mitigate undesirable conditions to the extent that their desired uses of the property can continue.