Torts II - Nuisance
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| Private Nuisance - Effect of Zoning Compliance | The location of a business can not establish a nuisance if D's use complies with zoning ordinance
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| Private Nuisance - Manner of Operation | Manner of operation of a business can transform an otherwise lawful/properly zoned use into nuisance
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| 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
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| Private Nuisance - Effect of compliance with Zoning, Jurisdictional Splits | Preemption, mere factor, partial preemption
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| Private Nuisance - Basic forms of relief | Damages, injunction, self-help abatement
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| 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
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| Private Nuisance Remedies - Traditional Remedy Rule | An injunction will be granted where a nuisance is found and P shows substantial damages
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| 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
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| Coming to a Nuisance | Residential landowner may NOT recover if he knowingly came into a neighborhood reserved for industrial/agricultural endeavors, and was damaged
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| 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
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| 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
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| 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
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| 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)
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