Nuisance

Question 1

Private Nuisance

Answer 1

A nontresspassory invasion of another’s interest in the private use and enjoyment of land
(P usually seeking money or injunction)

Question 2

Elements of Private Nuisance claim

Answer 2

P must show: 1) INTENTIONAL intrusion, 2) Intrusion was UNREASONABLE

D is liable for nuisance that causes SIGNIFICANT HARM (more than a slight or petty annoyance), of a type that would be suffered by a normal person in the community

Note: compliance with the law is NOT a defense for private nuisance claim

Question 3

Public Nuisance

Answer 3

An unreasonable interference with a PUBLIC RIGHT (right common to the general public)
(P usually seeking injunction)

Note: Conduct’s compliance with statute/ordinance/admin. regulation is a defense IF conduct is FULLY authorized

Question 4

Unreasonableness of conduct

Answer 4

Weigh UTILITY of D’s conduct against the GRAVITY of harm to P
Consider:
- social value of conduct
- suitability of conduct to character of locality
- impracticability of preventing/avoiding the invasion

Question 5

Remedies/Damages for Nuisance

Answer 5

Well-established law that nuisance should be enjoined regardless of level of harm/social harm of enjoining activity

Possible remedies:
◦ 1) Grant injunction but postpone effect for period of time
◦ 2) Grant injunction unless defendant pays for harm activity will cause in the future (permanent damages)

• Holding: Court grants injunction to be vacated upon payment for permanent damages
• Dissent: is annoyed, calls this bad public policy; terrible for environment to permit continued pollution