Betty (Minyard) Stein v. Highland Park Independent School District

Appellant, Betty (Minyard) Stein, filed suit against the Highland Park Independent School District and its trustees individually for the abatement of, and to recover damages resulting from, a nuisance. Appellant pleaded that the nuisance arose from the improper construction and maintenance of an addition to a high school building directly across the street from an apartment complex she owned and operated. She alleged that the addition was constructed so its main entrance was located only thirty-nine (39) feet from her property, although the applicable zoning ordinances prescribed that a distance of at least fifty (50) feet should be maintained; that a parking area was maintained in front of the entrance utilizing all available parking space; that the close proximity and nature of the buildings design resulted in continuing and repeated trespasses by students and others upon her property; that she and her property were subject to constant harassment by students, noise, the scattering of debris, and other repeated interferences with her use and enjoyment and her tenants use and enjoyment of the property; and that such acts constituted a continuing nuisance which had substantially damaged her property.