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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Wheeler v JJ Saunders Ltd ： ウィキペディア英語版 Wheeler v JJ Saunders Ltd ''Wheeler v JJ Saunders Ltd'' () (EWCA Civ 32 ) is an English Court of Appeal case on nuisance which amended the precedent set by ''Gillingham Borough Council v Medway (Chatham) Dock Co Ltd''.〔() QB 343〕 Wheeler was a veterinary surgeon who owned Kingdown Farm House; the wider farm was owned by J.J. Saunders Ltd, who used it for raising pigs. After Saunders gained planning permission for a pair of pig houses, Wheeler brought an action in nuisance, alleging that the smell of the pigs interfered with his use and enjoyment of the land. When the case went to the Court of Appeal, Saunders argued that the granting of planning permission for the pig houses had changed the nature of the area, as in ''Gillingham'', making the nuisance permissible. The Court of Appeal rejected this argument, holding that a pair of pig houses was not a sufficient development to change the nature of an area; the centre of the ''Gillingham'' case had been a commercial dock, which was a sufficient development. ==Facts== Wheeler was a veterinary surgeon who owned Kingdown Farm House, near, Priddy with his wife. The farm itself belonged to Kingdown Farm Limited, a company 15 percent owned by Wheeler and 85 percent owned by J.J. Saunders Ltd. The two fell out by March 1988, with Wheeler dismissed from his position as managing director of Kingdown Farm Limited. Between July 1988 and April 1990, J.J. Saunders constructed a pair of pig houses near Kingdown Farm House, which featured a channel to contain the pigs' excrement.〔J.P.L. (1995) p.619〕 Wheeler brought a case on two grounds, the first querying whether he was entitled to an easement allowing him to use one of the two ways to access the farmhouse, which involved going between the farmhouse and farm. The second was a claim in nuisance, Wheeler asserting that the smell of the pigs and their excrement was interfering with his use and enjoyment of the farmhouse.〔Thompson (1995) p.239〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Wheeler v JJ Saunders Ltd」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.