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Nuisance Part II

Torts II - Nuisance

Private Nuisance - Effect of Zoning Compliance The location of a business can not establish a nuisance if D's use complies with zoning ordinance
Private Nuisance - Manner of Operation Manner of operation of a business can transform an otherwise lawful/properly zoned use into nuisance
Private Nuisance - Effect of manner of operation * Conduct w/in usual and normal operations of a properly zoned use does NOT create a nuisance * Conduct outside usual and normal operations of properly zoned use CAN create nuisance
Private Nuisance - Effect of compliance with Zoning, Jurisdictional Splits Preemption, mere factor, partial preemption
Private Nuisance - Basic forms of relief Damages, injunction, self-help abatement
Private Nuisance - Damages Permanent damages - not easily abatable, damages recovered in single suit, damages based on decreased market value Temporary damages - continuing but abatable at any time, damages recoverable in successive suits, damages based on lost rental value
Private Nuisance Remedies - Traditional Remedy Rule An injunction will be granted where a nuisance is found and P shows substantial damages
Private Nuisance Remedies - Conditional Injunctive Relief Disparity in economic consequences is such that harm to D is greater than to P. Injunction issued conditional upon payment of permanent damages, appropriate relief
Coming to a Nuisance Residential landowner may NOT recover if he knowingly came into a neighborhood reserved for industrial/agricultural endeavors, and was damaged
Indemnification of the D If P brings others to nuisance to foreseeable harm to local business, damages may be awarded to business if forced to shut down
Injunctive Relief - Coming to a nuisance * Priority in time, balanced with other factors, for determining existence of nuisance & relief * P may be, but is not necessarily, barred from obtaining relief by arriving second
Private Nuisance - Self-Help Remedy P may enter D's land, personally abate a private nuisance when P requires immediate remedy, provided P gives D prior notice, and only necessary force is used
Defenses - Intentional Nuisance, Negligent Nuisance, Strict Liability Nuisance Intentional - Assumption of Risk Negligent - Assumption of Risk, Contributory OR Comparative Negligence Strict Liability Nuisance - Assumption Risk, Comparative (some jurisdictions)
Created by: PrGrd