Read the following scenario and answer the question in 5 sentences at least. You
ID: 351407 • Letter: R
Question
Read the following scenario and answer the question in 5 sentences at least.
You work as a property manager and staff liaison for a neighborhood association for a downtown neighborhood that recently has undergone urban renewal. Beautiful old homes were restored, and upscale boutiques replaced pawn shops and convenience stores. The neighborhood association has hired a security company to patrol and protect the homes. Recently, a historic church adjacent to the neighborhood has decided to offer “soup kitchen” lunches to some of the homeless people who still live in the downtown area. Homeowners in the neighborhood have filed complaints with your office, saying that the church is attracting a dangerous crowd, and that they fear for their safety and for the security of their homes and possessions. They provide you with pictures, videos, and testimony that on several patrons clients of the soup kitchen have entered the neighborhood, gone to the bathroom in yards and driveways, taken items from porches, left empty alcohol bottles in streets and on sidewalks, and have even passed out from intoxication in people’s yards. Your understanding is that the church is in compliance with all local zoning ordinances. Discuss what common law actions may be available.
Explanation / Answer
The common law of nuisance will be difficult to establish in the case because the Church is in compliance with the zoning regulations. It will be even more difficult to establish that the persons who committed burglary, theft and act of tresspassing were beneficiary of Soup Lunch at the Church and especially visited the area for that purpose. This is more of a law and order issue that can happen anywhere in the city. As the residents have private security on hand, they should be worried about the efficiency and effectiveness of their services, which let these poor creatures in. These cases should be dealt according to the common law of theft, burglary and trespassing.
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