Gene Ludwig v. Bella Casa, LLC Beau Vue Estates Property Owners' Ass — Brown, J., Concurring in Part and Dissenting…

Summary

Justice Brown agreed that the circuit court properly refused the proposed jury instructions but disagreed that it erred by submitting the nuisance issue to the jury. He would have held that the jury could determine whether an ongoing nuisance existed while the judge independently decided whether injunctive relief was warranted, and would have affirmed on that issue.