nuisance

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Nuisance

The use of property in such a way that it violates another property owner's expectation of an orderly living environment. For example, a person may refrain from mowing his lawn for so long that field mice infest his yard. This may be a nuisance if the field mice wander over to the neighbors' yards.

nuisance

An activity that arises from the unreasonable, unwarranted, or unlawful use of one's own property resulting in an obstruction or injury to another property owner or to the public and producing such material annoyance, inconvenience, and discomfort that the law will presume resulting damage.It may consist of noise,smoke,odors,pollution,vibration,interference with rights of passage, maintaining an offensive business, discharge of water, or maintaining a building in a manner that makes it unsafe for others because of falling debris or because of rats or vermin.(Do not confuse with attractive nuisance, a theory of negligence liability for maintaining features attractive to children but likely to harm them.)

References in periodicals archive ?
Jennifer Fukala, executive director of the Downtown Neighborhood Association of Elgin, said she believes the nuisance ordinance has made a positive impact on downtown.
A person aggrieved by a public nuisance may: (a) file a criminal case based on the Revised Penal Code or any local ordinance; (b) institute a civil action; or (c) have said nuisance summarily abated by a public official.
A private person may likewise abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, peacefully and without unnecessary injury.
This Article explores the contours of the nuisance doctrine from early English common law to its modern application in the United States, including a number of laws enacted to expand, supplement, or narrow its application.
Part II discusses the origins of nuisance in the common law of England and its later application in early American common law.
Temby's introduction proposed "a bipartite distinction between (1) the politicization of the nuisance issue (i.e., the extent to which local activists are mobilized in seeking to mitigate or eliminate it), and (2) whether or not a policy outcome (e.g., a bylaw, statute, program, a specific action) resulted that purportedly or ostensibly dealt with the problem." The contributors to this special issue have each examined this bipartite distinction through their individual case studies.
In Stephane Castonguay and Vincent Bernard's article, "National and Local Definitions of an Environmental Nuisance," they examine the fundamental importance of water to both society and the economy in Quebec, and the difficult process of maintaining local access to clean water and the freedom of industry to develop along fresh waterways.
Uxbridge Board of Health regulations say: "No person shall keep or allow to be kept any number of domestic animals which shall constitute a nuisance."
At Thursday's board meeting, some half-a-dozen residents pleaded with the board to enforce its regulations against nuisance animals by returning to court.
Public nuisance law originated in the twelfth century under the English common law.
(33) Without exception, the court found the subject houses to be public nuisances and, because no owner or lien holder appeared in the cases, appointed the plaintiff nonprofit development corporation to be the receiver with orders to abate the nuisance conditions by rehabilitating the properties in accordance with a court-approved construction and financing plan.
Nuisance law is a common-law doctrine, having its roots in the assize of nuisance, which originated in England nearly 900 years ago.