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Fresh and Pure Air Cases, 2250 B.C.E. - 1306 C.E. - 2006 C.E.: Well-Established Rule of Law and Precedents Since 2250 B.C.E.
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"Common and Constitutional Law "Fresh and Pure Air" Cases
You have a Right to Fresh and Pure Air , meaning air unpolluted by particulates, chemicals, noise, discomforting annoyances, nuisances.
This right of freedom from nuisances is a right of long-standing, an ancient right.
The right of ours is a common law right.
Our right to pure air has been developed since at least the year 1306 , actually back to Hammurabi and the "Love thy Neighbor" Mosaic Moral Code.
This right to freedom from nuisances has a long record of judicial recognition. See Rex v White and Ward , 1 Burr 333 (KB, 1757) and Rex v Neil , 2 Carr & Payne 485 (Eng, 1826), saying "It is not necessary that a public nuisance should be injurious to health; if there be smells offensive to the senses, that is enough, as the neighborhood [the public] has a right to fresh and pure air."
"At least since the time of the Assyrian king Hammurabi, a person has not been able [allowed] to use land [property] in a way that causes injury to another. See Mallett v. Taylor , 78 Or. 208, 213, 152 P. 873 (1915)," says Christianson v Snohomish Health District , 133 Wash 2d 647; 946 P2d 768 (13 Nov 1997).
Mallett v Taylor , 78 Or 208, 213; 152 P 873, 875 (16 Nov 1915), adds, "the law is practically the same to-day as it was in the year 2250 B.C.," and citing Robert F. Harper’s The Code of Hammurabi about 2250 B.C. (Chicago: University of Chicago Press, 1904), §§ 53-54, and a then recent reiteration of the anti-nuisance legal doctrine, Fletcher v Rylands , LR 3 HL 330 (1866), among many others.
Do you know that these individual rights are in the U.S. Constitution? Yes, and in the Bill of Rights, the 5 th , 7 th , 9 th , and 10 th Amendments . Details are below.
Opponents of your rights cannot take concerted action, engage in conspiracy, to violate federal legal rights, as per laws such as 18 USC § 241 .
For example, they cannot retaliate against you f"
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