Nuisance Flashcards
nuisance definition
a person may not use his land in an unreasonable manner
private nuisance
When there is substantial intereference with private rights to use and enjoy the land, produced by either of:
1) intentional and unreasonable conduct
2) unintentional conduct that is either negligent, reckless, or so inherently dangerous that strict liability is imposed
Morgan v. High Penn Oil
oil refinery with noxious odors. Sued to enjoin refinery alleging it deprived him of use and enjoyment of property. Held - unreasonable and knew or shoudl have known it would produce noxious odors.
Intentional private nuisance views
nusiance is there, but liability is determined through unreasonable interference magnitude in thee following ways:
1) balancing harm and social utility - 2d Rest of torts - IF the gravity of the harm inflicted by the conduct outweighs its social utilities, the conduct is unreasonable. Courts consider the extent of the harm, it character, societal value, its suitability to the location and the practical difficulty of preventing the harm,
2) Boomer test - harm vs social utility - an intentional activity is unreasonable if it causes serious harm and the actor could compensate for that and similar harm without going out of business
3) substantial harm - balancing test ignored if substantial harm inflicted “discomfort perceptible to the senses of ordinary people” Dairyland case - sulfur from power facility caused property damage and was enjoined.
measure of substantial interference
average person
public nuisance
affects rights held in common by everyone, but a private ctzn can bring suit if he has been specially injured by the nuisance (particularized, personal injury).
Estancias v. Schultz
loud air conditioner got enjoinment. The balanced the equities and determined that the unit was of no public benefit
Boomer v. Atlantic Cement
Damages instead of injunction. Public benefit, but problem is universal. Even though no fix, damages encourage more research.
Spur v. Del Webb
(public nuisance case) Old folks home near feedlot. Injunction on feedlot, but old folks have to pay for cost of moving or shutting down bc first in time.
