Nuisance

Question 1

Public Nuisance

Answer 1

An unreasonable interference with a right common to the general public.

Typically brought by a gov. actor, such as attorney general.

Question 2

Private Nuisance

Answer 2

A thing, or activity, that substantially and unreasonably interferes with P’s use and enjoyment of P’s land.

Usually intentional, because once D is placed on notice that D is interfering, D does not stop.

Question 3

Factors in balancing substantial/unreasonable interference in a private nuisance action

Answer 3

1) value of D’s activity
2) whether there are alternatives
3) nature of locality
4) extent of P’s injury
5) who was there first?

Question 4

What is the remedy for private nuisance and when is it available?

Answer 4

Injunction (equitable relief)

P must persuade a judge that:
+ P is suffering, or will suffer, irreparable harm AND damages are an inadequate remedy
+ Judge will then do balancing test