Public Nuisance

Question 1

Distributive Justice Realm

Answer 1

• Can’t sue for it

- Requires legislative authorization to be actionable

Question 2

Elements of Public Nuisance

Answer 2

1) def. has interfered w/ a right common to public as a class (not indiv or small group)
2)interference is UNREAS.
AND
3)Plaintiff’s COA legislatively authorized

Question 3

Actionable at Common Law?

Answer 3

obviously not is needs legislative authorization

Question 4

Common plaintiff

Answer 4

attorney general
(can be a named priv. indiv. on behalf of class)

Question 5

Remedy,

Answer 5

injuncion (abatement)

*some statutes allow damages

Question 6

when can priv. person sue upon public nuisance at c/l?

Answer 6

when person’s injury is a different KIND & DEGREE than those suffered by the public class.
(minority-MA-allows COA upon only greater degree)
*kind can be arguable

Question 7

Contaminated water?

Answer 7

does it affect your property in a big way, but less on everyone else…may not be public Nuisance then??
-diff in degree (vs kind)

Question 8

Examples of PUBLIC Nuisance

Answer 8

• polluting river
• barking dogs
• bar/restaurants-impact,drunk,urinating, fights
• shooting fireworks
• Dilapidated structure/Bldgs- risk to the safety of kids, etc.
• keeping dangerous or diseased animals- health/safety
• Farming operations-intolerable smells/odors
• illegal practice of medicine
• gambling