Wood boiler not a nuisance: Morgan County, UT

A Morgan County judge has concluded that smoke billowing from a residential wood-burning boiler did not pose the kind of nuisance that an unhappy neighbor could collect damages for.

Without a specific prohibition against burning or diagnostic evidence linking Martha and Clayton Ericson’s medical complaints to the smoke, 2nd District Judge Noel Hyde determined their neighbor Chad Willis’ nearly non-stop wintertime burning was not a nuisance.

“The fact that there is a statute that says nuisances are unlawful does not make every nuisance a nuisance per se,” Hyde said in an unusual two-hour ruling from the bench last Thursday. “There must be a specific statutory prohibition of the conduct that is the subject of the nuisance claim.”

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