Nuisance Flashcards
1
Q
What is the standard for a private nuisance?
A
Objective standard: There must be a substantial, unreasonable interference with one’s use and enjoyment of land.
2
Q
Who may bring a private nuisance case?
A
P must have possession or right to immediate possession
3
Q
What is the standard for public nuisance?
A
Objective standard: The act must have unreasonably interfered with the health, safety, or property rights of the community.
4
Q
Who may bring a public nuisance case?
A
The government, OR a private person may recover ONLY if she has suffered a UNIQUE harm.
5
Q
What must you do when determining whether an act is considered a nuisance?
A
Balance the competing interests involved in the act objectively.
