Nuisance Flashcards

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.

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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)

  1. 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
  2. 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
    1. Difference in kind v. difference in degree
    2. Must be difference in kind in order to bring a lawsuit
    3. Something dramatically different from everybody elese
  3. Can also be brought by a public official or a person who represents the community
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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

  1. 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)
    1. Some acts may be both trespass and nuisance (blasting that causes rocks to fall onto P’s land)
  2. There is liability only to those who have property rights and privileges in respect to the use and enjoyment of the land affected
  3. Location and operation/maintenance (Winget v. Winn-Dixie Stores)
    1. 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
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4
Q

Elements

A
  1. Plaintiff’s interest
  2. Defendant’s conduct
  3. Substantial and unreasonable harm to plaintiff
  4. Causation
  5. Remedies
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5
Q

Plaintiff’s interst

A

P must be in actual possession or have the right to immediate possession

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6
Q

Defendant’s conduct

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  1. D’s act can be intentional, negligent, or actionable under strict liability rules (Morgan v. High Penn Oil Co.)
  2. Intentional: D knows that his conduct is interfering with P’s right or that it is substantially certain to do so
  3. Negligence: D has not intentionally interfered with P’s interest but has failed to exercise reasonable care to avoid the interference
  4. Strict liability: D’s activity poses extreme danger to P’s use and enjoyment of his property
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7
Q

Substantial and unreasonable harm to plaintiff

A
  1. Substantial
    1. The conduct must offend a reasonable person
  2. Unreasonable (Carpenter v. The Double R Cattle Co.)
    1. The gravity of the harm outweighs the utility of D’s conduct; OR
    2. The harm is serious and the payment of damages is feasible without forcing the business to discontinue
  3. The harm must be of a kind that would be suffered by a normal person in the community (FN: Rogers v. Elliott)
  4. Sensitive uses of land may give rise to a nuisance claim if reasonable
  5. 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)
  6. Coming to the nuisance (Spur Industries v. Del E. Webb)
    1. A P may not have relief if he knowingly came into a neighborhood reserved for industrial or agricultural endeavors and has been damaged
    2. However, a court may grant an injunction against D, so long as P reimburses D for their shutting down and moving
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8
Q

Causation

A

D’s action must directly or indirectly bring about P’s harm

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9
Q

Remedies

A
  1. When determining whether an injunction should be granted, courts “balance the equities” to come up with a fair remedy
  2. Compensatory damages paid to P
    1. Not just the value of the property, but additional compensation such as emotional distress or moving costs
  3. Injunction may lie if nuisance is continuing in nature
    1. Courts can issue injunctions that will become immediately effective at a certain time
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