Meanwhile, a private person aggrieved by a private nuisance
may: (a) institute a civil action; or (b) have said nuisance summarily abated by a public official.
146) A private nuisance
is defined as "a nontrespassory invasion of another's interest in the private use and enjoyment of land.
It will emerge the that the principal obstacles to more robustly restating Coase's position in legal terms are not the shortcomings of Coase's handling of the law, though we repeat that these are not denied, but the difficulties inherent in the conception of private property that lies behind Sturges v Bridgman and behind the law of private nuisance
Organic farmers seeking recovery can find satisfactory relief through a dual system of common law claims of private nuisance
against contaminating parties and contract claims against non-governmental certifying organizations for wrongful decertification.
110) If the relevant conduct is unintentional, then under the Restatement approach a private nuisance
will arise only if the activity was "otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.
168) Private nuisance
suffers from the same limitation, and public nuisance will not capture invasions of privacy targeted at a single person.
California's Street Terrorism Enforcement and Prevention Act (209) renders a space used by gang members a private nuisance
for which its owner may be found liable.
Under New Hampshire law, an agricultural operation that has been operating for at least a year will not be found to be a public or private nuisance
due to changed conditions around the operation.
The district court dismissed the case, finding that the plaintiffs had no standing to bring the claims, which ranged from public and private nuisance
to trespass and negligence to fraudulent misrepresentation and conspiracy.
Based upon the evidence presented to the court, the court found that the noise constituted an actionable private nuisance
as a result of (1) injury to the health and comfort of ordinary people in the vicinity and (2) unreasonableness of that injury under all the circumstances.
If a hedge encroaches onto your land or interferes with the quiet enjoyment of that land you could consider bringing a claim in common law private nuisance
for injunctive relief and damages.
Since it was proven that "nickel has accumulated on class members' properties to the extent that the property values have diminished," private nuisance
Alternatively, and if all else fails, you could try the "nuclear option" of taking action through the courts for what is known in the trade as a private nuisance
23) A private nuisance
occurs when one individual violates the maxim, sic utere tuo ut alienum non laedas, (24) and uses their land so as to injure another individual or small group of individuals--the legal equivalent of unreasonableness.
She initially sued the board and Midboro Management for breach of the warranty of habitability, private nuisance
, attorney's fees and injunctive relief that would have forced Madonna to comply with building rules preventing unreasonable noise.