Because of the error in the deed, this large structure extended 40 feet onto neighboring Whiteacre, a vacant piece of property. The owner of Whiteacre, Bush, watched with interest as Clinton went about his project. Bush took no further action in 1983. Clinton has used the building, since its completion, as a warehouse. A warehouse is a permissible zoning use in the district in which the structure is located.
Trucks routinely load and unload widgets at the warehouse.
Often, trucks arrive late at night or very early in the morning. Because Clinton wants to promote economic growth, he stays open as is necessary to accommodate latecoming trucks. He erected, in 1986, nitrogen lights on tall towers to illuminate the loading docks at night. The docks and towers are located 150 feet from Whiteacre. In 1988, Whiteacre's owner, Bush, erected a single-family home on the premises, but not on the disputed portion of land bordering Clinton's.