Phoenix

A new theory, venerable doctrines.

The founding team blazed a new theory, based on venerable doctrines. The Restatement of Torts—a restatement of the law applicable in most jurisdictions—provides that a landowner is liable for the nuisance-creating activities of third parties on its land, if the landowner consents to the nuisance or fails to take reasonable steps to prevent it. Based on other precedents, the founding team argued that municipalities are equally bound by the public nuisance laws, including those respecting landowner liability.

The result.

After a full trial on the merits, they prevailed. A state court ordered the City to abate the 800-person homeless encampment. The injunction was upheld on appeal, and the founding team even secured attorney’s fees.