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In deciding whether a nuisance is temporary or permanent, the standard of reference should not be a few days or weeks, but all occurrences over the period of years within which claimants can bring suit and courts can bring them to trial. Judges and jurors may presume from the circumstances that current conditions will continue, absent evidence to the contrary.
October 18, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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