Question | Answer |
Public Nuisance | An unreasonable interference with a right common to the general public |
I. Public Nuisance
II. Private Nuisance
III. Defenses | I. A. Public Rights
B. Unreasonable Interference
C. Special Injury Rule/Standing
II. A. Duty
B. Interference w/ Use & Enjoyment
C. Damages v. Injunctive Relief |
Nuisance Types | Public Nuisance - unreasonable interference with a right common to the general public
Private Nuisance - Unreasonable interference with plaintiff's private use & enjoyment of real property |
Public Nuisance & Unreasonable Interference | Conduct that:
1. Involves Substantial Interference with public health, safety, peace, comfort, convenience, morals
2. Proscribed by statute, ordinance, administrative regulation; or
3. Continuing/permanent, significant detrimental effect on public righ |
Public Nuisance, standing to sue | Generally, governmental entity eforces public nuisances |
Special Injury Rule - Hercules | Private individual may bring public nuisance claim:
* suffers harm of "a kind different" from other members of the public "exercising the right common to the public" that was the subject of the interference |
Private Nuisance | Unreasonable interference with the plaintiff's use and enjoyment of real property |
Private Nuisance, proper plaintiffs | D owes a duty to:
* Neighboring land occupiers
* NOT purchasers/tenants of D's property |
Private Nuisance, key requirements | * Proper P/Duty owed to P - neighboring land occupiers
* Tortious conduct by D - intentional, negligent, or strict liability act
* Substantial, unreasonable interference with P's use & enjoyment of land |
Private Nuisance, Forms of relief | 1. Damages
2. Injunction
3. Self-help abatement |
Nuisance per se | At all times, under any circumstances, in any location |
Nuisance per accidens | By reason of location, or by the manner constructed, maintained, or operated |
Private Nuisance - Requirements of P's Harm | * Interference w/ P's use & enjoyment
* Substantial interference
* Unreasonable interference
* P's possessory right to the property |
Private Nuisance - Substantial Interference | * Real and appreciable
* More than slight inconvenience
* "Ordinary person" in P's position would take offense |
Private Nuisance - Unreasonable Interference (Restatement) | * Balance of the Equities (R>U)
* Serious harm to P and compensation by D feasible
* Severe harm greater than P should have to bear without compensation |
Private Nuisance - Balancing of the Equities | If U>R - interference is NOT a nuisance
R = gravity of harm to P's use and enjoyment
U = Utility of D's activities |
Private Nuisance - RS Factors, Utility of D's Activities | * Purpose of D's conduct
* Social Value of Purpose
* Location Suitability for D's Use |
Private Nuisance - RS Factors, Gravity of Harm (R) | * Extent & Duration
* Nature/Character of harm
* Social value of P's use of property
* Location suitability for P's use
* Burden on P to avoid the harm |
Private Nuisance - Serious Harm Rule | Unreasonable interference may exist if:
* Harm to P is serious
* Payment of damages feasible, AND
* Payment will NOT put D out of business |