Harms to Personal Property and Land Flashcards
1
Q
Can the Waiter bring a public nuisance action against Frank if (1) Frank started operating a horse-drawn carriage business from his building, (2) he didn’t violate any zoning laws, (3) none of the neighbors complained for over a year, (4) Waiter moved into the neighborhood, (5) Waiter knew about the horses but moved in anyway?
A
No - the Waiter didn’t suffer a harm different from anyone else, which is critical b/c this is a public nuisance, had it been a private nuisance, Waiter would’ve still lost b/c it is likely that no one else complaining is evidence that the horses were not offensive, inconvenient or annoying to a reasonable person in the community
