litigation is that public nuisance is likely too narrow of a tort upon
In its original formulation, the tort of public nuisance was a
20) A public nuisance affects an indefinite number of people, the public generally, and is normally but not always abated by a state officer.
Restatement (Second) of Torts and the Expansion of Public Nuisance.
17) Not only does the statute authorize civil actions to abate public nuisance
conditions, it authorizes nongovernmental persons to be plaintiffs in the action along with the municipal government.
Originating in common law criminal prosecutions by the King to address encroachments upon the royal domain, public nuisance
is more commonly a source of civil tort liability today.
The court drew a distinction between lead poisoning of individual children in their homes and the "traditional" understanding of a public nuisance
The attempt by plaintiffs' attorneys and state legal officers to stretch public nuisance
theory far beyond its normal applications to avoid statutes of limitations and other requisite legal boundaries has now been summarily rebuked by the Rhode Island Supreme Court," said Thomas J.
In January 2008, the City of Cleveland filed a public nuisance
suit against 21 major investment banks, including such venerable institutions as Goldman Sachs and Merrill Lynch, alleging the banks irresponsibly bought and sold high interest loans, leading to a foreclosure crisis in Cleveland that has physically devastated neighborhoods.
The city attorney plans to file more public nuisance
lawsuits in the coming months, including cases targeting gang headquarters in the San Fernando Valley.
He is also charged with conspiracy to cause a public nuisance
by use of poisons and or explosives to cause disruption, fear or injury.
The High Court's decision in Coleman v Power promised to provide the many defendants charged with offensive language, offensive behaviour and public nuisance
with a means of contesting their charge.