James and Mary are artists who have a studio in an industrial part of the city. They decide to live in the studio, which is not against local zoning bylaws, but find themselves disturbed at night by the noise and light from a nearby railway marshalling yard. They decide to institute a nuisance suit against the railway since their enjoyment of their property has been seriously affected. They will be unsuccessful.

Nuisance Suit

A lawsuit filed typically for a minor annoyance or disturbance, which can be public (affecting a community) or private (affecting an individual's enjoyment of property).

Marshalling Yard

A railway yard used for sorting and organizing train cars into trains.

Zoning Bylaws

Local government regulations that dictate how land within their jurisdiction can be used, impacting building types, locations, and purposes.