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The court utilized a balancing test to determine whether the defendant's wind generator constituted a private nuisance.
federal preemption of common law private nuisance actions by the OTARD
Public nuisance thus stands in direct contrast to private nuisance, which requires interference with the enjoyment of private property.
A private nuisance is actionable when a property owner creates, permits, or maintains a condition or activity on his property that causes a substantial and unreasonable interference with the use and enjoyment of the property of another.
A key difference between the two types of nuisances is that for private nuisance, the plaintiff's land or property has been adversely affected.
The court found that "[i]t is the peculiar nature and the location of the business, not the fact that it is a business, that constitutes the private nuisance and ground for equitable relief," which entitled the plaintiff to injunction of many (but not all) activities related to mortuary); see also Baltimore & Potomac R.
Abilene Jurors Say Wind Farm Not a Private Nuisance in Closely Watched Case
Plaintiffs allege defendant's negligence resulted in a public nuisance and private nuisance.
In July 2002, the jury found the Balancos not guilty of breach of contract or committing a public or private nuisance.
Plaintiffs in the class action allege claims for common law public and private nuisance against defendants, Tyson Foods, Inc.
The lawsuit also seeks a preliminary injunction barring the defendants and their agents from engaging in acts of harassment, assault, public and private nuisance, invasion of privacy, trespass and other breaches of the peace at the plaintiffs' homes.
the Supreme Court denied review of a decision by the South Carolina Supreme Court, in which the court held that pro-life pastors were liable for private nuisance and civil conspiracy charges, without a showing that the pastors were engaging in any illegal activity.

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