Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

US District Court, Eastern District of California decision (September 3, 2014).

In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims based on theories of nuisance and trespass that stem from the adverse affects of the increased number of day users of the camp. The Association sought a preliminary injunction due to traffic congestion, parking problems, pedestrian foot traffic, noise pollution and other violations that date that the Association had been aware of since at least 2009.