nuisance

Question 1

abatement by self help

Answer 1

private nuisance - available after notice to the d and their refusal to act, only necessary force may be used
public nuisance - only a public authority or a private party who has suffered some uinique damage can seek injunction or abatement

Question 2

defenses for nuisance

Answer 2

legislative authority - zoning ordinance permitting is not an absolute defense but is persuasive
-conduct of others - no one actor is liable for all damage caused by concurrence of their acts and otehrs
contributory negligence - generally is no defense to nuisance unless the ps case rests on negligence theory
coming to the nuisance too!