1
Q
In General
A
A nuisance is an act by D that constitutes a nontrespassory interference with P’s interest in the use and enjoyment of P’s land and that causes substantial and unreasonable harm. A nuisance can be public or private, or both.
2
Q
Public Nuisance – RS §821B
A
A public nuisance is an unreasonable interference with a right common to the general public (Philadelphia Electric Co. v. Hercules)
- Circumstances in which there is a substantial interference with the public health or safety, where the conduct is proscribed by public ordinance, or where there is a permanent detrimental effect upon the public right
- A private individual may maintain the action for public nuisance only if he suffered an injury “peculiar in kind,” apart from that suffered by the public
- Difference in kind v. difference in degree
- Must be difference in kind in order to bring a lawsuit
- Something dramatically different from everybody elese
- Can also be brought by a public official or a person who represents the community
3
Q
Private Nuisance – RS §821D
A
A private nuisance is a nontrespassory invasion of another’s interest in the private use and enjoyment of land
- Distinguished from trespass, which requires entry of a person or thing onto P’s property (trespass: invisible chemical particles onto P’s land; nuisance: noise, odor, or light)
- Some acts may be both trespass and nuisance (blasting that causes rocks to fall onto P’s land)
- There is liability only to those who have property rights and privileges in respect to the use and enjoyment of the land affected
- Location and operation/maintenance (Winget v. Winn-Dixie Stores)
- If a lawful business is operated in an unlawful or unreasonable manner so as unreasonably interfere with the lawful use and enjoyment of a person’s property, it will constitute a nuisance
4
Q
Elements
A
- Plaintiff’s interest
- Defendant’s conduct
- Substantial and unreasonable harm to plaintiff
- Causation
- Remedies
5
Q
Plaintiff’s interst
A
P must be in actual possession or have the right to immediate possession
6
Q
Defendant’s conduct
A
- D’s act can be intentional, negligent, or actionable under strict liability rules (Morgan v. High Penn Oil Co.)
- Intentional: D knows that his conduct is interfering with P’s right or that it is substantially certain to do so
- Negligence: D has not intentionally interfered with P’s interest but has failed to exercise reasonable care to avoid the interference
- Strict liability: D’s activity poses extreme danger to P’s use and enjoyment of his property
7
Q
Substantial and unreasonable harm to plaintiff
A
- Substantial
- The conduct must offend a reasonable person
- Unreasonable (Carpenter v. The Double R Cattle Co.)
- The gravity of the harm outweighs the utility of D’s conduct; OR
- The harm is serious and the payment of damages is feasible without forcing the business to discontinue
- The harm must be of a kind that would be suffered by a normal person in the community (FN: Rogers v. Elliott)
- Sensitive uses of land may give rise to a nuisance claim if reasonable
- Locality: a nuisance may be merely a right thing in the wrong place, like a big in the parlor instead of a barnyard (Euclid v. Ambler Realty)
- Coming to the nuisance (Spur Industries v. Del E. Webb)
- A P may not have relief if he knowingly came into a neighborhood reserved for industrial or agricultural endeavors and has been damaged
- However, a court may grant an injunction against D, so long as P reimburses D for their shutting down and moving
8
Q
Causation
A
D’s action must directly or indirectly bring about P’s harm
9
Q
Remedies
A
- When determining whether an injunction should be granted, courts “balance the equities” to come up with a fair remedy
- Compensatory damages paid to P
- Not just the value of the property, but additional compensation such as emotional distress or moving costs
- Injunction may lie if nuisance is continuing in nature
- Courts can issue injunctions that will become immediately effective at a certain time
