Nuisance Law
Based upon the principle that one should use his or her own property in such a way as not to injure the property of another.
-Tort (Negligent of wrongful activity)
-Property Law (Interference with your use and enjoyment of the land)
Examples of Nuisance
Noise, dust, smoke, odors, fumes, airborne and water-borne contaminants, vermin... etc
State of Mind of Person Causing the Nuisance
-Intentional Nuisance
-Unintentional Nuisance
Intentional Nuisance
-Actor know the consequence but they do it anyway
-Substantial invasion of another's interest in the private use and enjoyment of the land
-non-trespassory
-Conduct is unreasonable and intentional
--restatement: does the gravity of the harm outweigh the u
Unintentional Nuisance
-Negligence, ultra-hazardous, recklessness of activities
-A substantial invasion of another's interest in the private use and enjoyment of the land
-Non-trespassory
-Conduct of D is unreasonable and unintentional
--Negligence, recklessness, ultra-hazardou
Persons Impacted by Nuisance
-Private Nuisance
-Public Nuisance
Private Nuisance
-Unreasonable interference with a right common to the general public
Public Nuisance
-Unreasonable interference with a right common to the general public
-Affects a larger Number
-Usually only those suffering can bring suit but that has been slightly changes
Whether Circumstances are Relevant
-Nuisance in fact
-Nuisance per se
Nuisance in Fact
-Do not have a law being broken
Nuisance per Se
-Nuisance as a matter of law; So broken a law or regulation
The Traditional Test: The Threshold Test
-If you meet a certain threshold of harm you meet the standard and it is nuisance
-Morgan Case
Recognition of Public Interest: Balancing Test
-Recognizes the public interest and weighs the public interest against the interest of the nuisance maker
Utilitarian Test
-Attempt to consider Overall Fairness and Efficiency
-Consider the fairness to all of the parties
-Modern Approach; comes up with the most creative approaches
-Boomer, Spur Cases
Ask under Utilitarian Test
-What is the most effective way to avoid the problem
-Who should have the burden and bear the cost of avoidance
-The court consider whether the UTILITY of the actor's conduct outweighs the gravity of the harm to plaintiff, such that, with the payment of m
Balancing of Equities Test
-Injury which may result to P and the Public by granting the injunction, with the,
-Injury which may result to P in the injunction is denied
Lateral Support
Support provided to one piece of land by the parcels surrounding it
Subjacent Support
Support from underneath
Remedies for Nuisance
-Temporary Damages: P can ask for more damages later
-Permanent Damages: Precludes future recovery by P's
Spur Case
Manure Case
-Court issues the injunction against he feedlot and in favor of the developer who came to the nuisance, but orders the Developer to indemnify the Cattle farm for costs of relocating
-Public
-Utilitarian test