Jeff Jefferies has retained this firm to pursue a claim of private nuisance in the U.S. District Court for the Western District of Texas.  This memo addresses whether the alleged nuisance is permanent or temporary, and accordingly when the cause of action began to accrue.
	Jefferies purchased his condominium in February of 2011. The Thorwalds purchased two units on the floor above Jefferies unit in March 2012. They renovated the units, which included installing marble tiling without any soundproofing. This was completed in January 2013. They did not occupy their unit from February 2013 to September 2013. Beginning September 2013, through December 2015, Anna Thorwald stayed in the unit regularly.
	Jefferies was out of the state in February 2014 and March 2014, and returned in March 2014. For about three months after he returned, he occasionally heard “bumps and creaks” from the Thorwalds’ unit, but was unaware of the cause. In August 2014, he began spending significantly more time in his unit. It was at this time he became intensely aware of noises emanating from the Thorwalds’ unit, described variously as “barrels rolling”, “dropping lead buckshot”, and “furniture moving”. These noises were unexpected and consistently interfered with his sleep.
	Jefferies attempted to resolve the matter with Lars Thorwald in Janurary 2015, who abruptly terminated discussion. He requested action by the Board of Directors in early February 2015; the Board originally ruled that the Thorwald would be required to install carpeting, but reversed their decision that May. The Thorwalds stay in their unit infrequently, but Jefferies asserts the noises resumes whenever they do. Jefferies has attempted to sell his unit but has been unable to, with at least two prospective buyers commenting on the noise.