Nuisance

Question 1

What are the two main kinds of nuisances?

Answer 1

• Public nuisances
• Private nuisances

Question 2

What is a public nuisance?

Answer 2

• An unreasonable interference with a right common to the general public (e.g. health, safety, and morals of community).

Question 3

Who typically brings a public nuisance claim?

Answer 3

• Typically brought by a government actor such as an attorney general.
• To recover damages as an individual, one must have suffered harm different from that suffered by other members of the public.
  o EXAMPLE: Bigsby Co. is going to place a billboard on a country road. The sign has bright lights and plays the song “It’s a Big World” over and over. It creates a huge traffic problem. This would be a public nuisance.
  o EXAMPLE: Patricia runs a nursing home near the billboard and those who live there cannot sleep due to the constant music.

Question 4

What is a private nuisance?

Answer 4

• A thing or activity that substantially and unreasonably interferes with P’s use and enjoyment of P’s land

Question 5

What is the mental state required to show a private nuisance?

Answer 5

• Mental State: Usually intentional, because once D is placed on notice that D is interfering, and D still does not stop.
  o EXAMPLE: DunCo owns a feedlot in the desert that smells. On certain days, the wind will blow the smell towards a housing community that was constructed nearby. Petra, who lives there, is revolted and asks DunCo to do something about the smell coming from the feedlot. If DunCo does not shut down the feedlot, it is engaging in intentional conduct.

Question 6

What five factors must be balanced to determine private nuisance?

Answer 6

• Five factors for balancing substantial/unreasonable interference:
  o Value of D’s activity;
  o Whether there are alternatives;
  o Nature of locality;
  o Extent of P’s injury; and
  o Who was there first? (used to be a defense now just a factor)

Question 7

What is the remedy available for private nuisances?

Answer 7

• Injunctions (equitable relief): To prevail, P must persuade a judge that P is suffering or will suffer irreparable harm and damages are an inadequate remedy. Judge will then do balancing test.