fact – Your client, Sanford Millstein, lives in a small condominium complex in Waterbury, Vermont. He keeps Madagascar Hissing Cockroaches as pets. Although the insects are unusual pets, Mr. Millstein names them and cares deeply for them. Mr. Millstein’s next-door neighbor, Shania Westerfeld, does not like the cockroaches. She says she can hear them hissing and is generally
uncomfortable with having cockroaches housed in the unit next to hers. She has told Mr. Millstein that, given the opportunity, she would “kill all of those disgusting bugs” he keeps. One day, Mr. Millstein left the screened top coveringthe tank he uses to house the insects slightly ajar. Two of his favorite insects escaped. Mr. Millstein asked Ms. Westerfeld to keep an eye out for them and to tell him if she saw them so he could recapture them. As it happened, the insects found their way into Ms. Westerfeld’s unit. When she discovered them, she killed them immediately, and then told Mr. Millstein what had happened. Mr. Millstein is extremely distraught over the situation and has contacted you to find out if he has a valid claim against Ms. Westerfield.
Using only In Dowell v. Neugent, 500 P.2d 598 (Alaska 1972), and
explain briefly whether Ms. Westerfeld is likely to be able to show interference with her property sufficient to constitute a nuisance. (Hint: You may not be able to reach a definitive conclusion with the information you have. Make your best assessment using the information you have.)(2 Points)
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