A right vested cannot be divested, resumed, annulled or modifies by the grantor; grant as executed contract, extinguishing the interest of the grantor; prohibition against impairment of obligation of contracts; importance of stability of title.

Saxon law framed as injury to persons (physical and psychological) and property; natural law right to secure rights against aggression; trespass as force or violence with consequence of injury to liberty, security, property and relative equality of rights; "trespass on the case" and nonforcible acts.

Unreasonable and substantial interference with another's real property without trespass or physical invasion; equitable relief (injunction and abatement); customary usage

Magnitude of effect to persons of interference or annoyance; purprestures (encroachment on common right); indictment and trial against person; injunction and abatement against property use.

"Each one must so use his own as not to injure his neighbor"; the "police" (or "municipal") powers - substantial injury to human peace, health, safety or morals; the right to prohibit and the power to regulate; the concept of "liberty"; the integrity of private property; the retained powers of the 10th Amendment.

Malum in se; nuisance per se; prohibition/regulation of "unwholesome trades," operations offensive to the senses; dangerous (explosive, combustible);.nuisance per accidens; nuisance in fact; malum prohibitum; nuisance in law; statutes; licenses; the limits of nuisance in law;

Statutory nuisances declared by a legislative body based on "nuisance in fact" as pertains to compatible use in a particular locality; zoning

Judicial review as to possible invasion of rights secured by the fundamental law; substantial and rational relation to police powers; in interests of public and not a single class; reasonable and necessary and not unduly oppressive; unwarranted interference or inhibition of harmless occupations; unnecessary or arbitrary invasion of rights of property; unusual and unnecessary restrictions on lawful occupations.

   ARBITRARY REGULATION  BY  THE  "COMMUNITY"

Expansion of the Munn decision to included new categories of business and circumstance considered "clothed with a pubic interest";  distinction between private business intentionally engaged in "public service" and one unintentionally providing a service in which public has interest.

The power of regulation rests on the legitimate power to forbid under the police powers; conditions must have an "essential nexus" with the public harm or dangers that are intended to be addressed by the regulation; unnecessary conditions; doctrine of "unconstitutional conditions" - requirements to give up a right for a discretionary privilege or benefit conferred by government (e.g. just compensation in exchange for a permit.)

Degree or extent of "exactions" as a condition of permit must bear relationship impact of activity or use