(66) In addition, the district court of appeal noted that nuisance cases do not necessarily rely on technical issues, because "a given activity can constitute a judicially abatable nuisance notwithstanding full compliance with either legislative mandate or administrative rule." (67) Accordingly, the district court of appeal held that the attorney general's suit was improperly dismissed by the trial court.
(239) See RESTATEMENT (SECOND) OF TORTS [section] 839 (1979) (subjecting a possessor of land of liability when in possession by an abatable artificial condition on such land); see also id [section] 839 cmt.
Damage to real property is measured by either the cost of repair or the diminution in value.(51) At common law, if the damage is temporary or abatable, the measure of damage is the cost of repair.(52) Conversely, if the damage is permanent, the measure of damage is the diminution in value to the property that was caused by the damage.