124) Where legislatures were either slow to enact laws to protect the public health, safety, and welfare from harm by industrial enterprises, or where there was ineffective enforcement of laws, private parties came into court alleging as public nuisances the types of unreasonable interferences indicated by the Restatement.
148) It is apparent that the City of Cleveland cited a number of the specifically named houses as public nuisances before the sheriff's deed was issued to the purchasing bank.
Nuisance may likewise be classified as nuisance per se or nuisance per accidens.
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.
72) After considering the possibility that the complained of nuisances were already present as a result of plaintiff's proximity to other factories, the court determined that defendant's new factory "produced a completely new state of things as regards the Plaintiff's house and grounds.
101) The court went on to distinguish the requirements for public and private nuisances.
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.
The final article, "Urban Environments and the Animal Nuisance," by Sean Kheraj, offers a comparative analysis of the different ways Canadian cities regulated animals in Winnipeg, Toronto, and Montreal during the nineteenth century.
Public nuisance actions were typically criminal actions until a 1536 English court decision that allowed individuals to recover damages under nuisance law.
Restatement (Second) of Torts and the Expansion of Public Nuisance.
Many states have enacted statutes that specifically define certain kinds of nuisance
actions and the relief that may be sought.
Not all interference, (34) however, rises to the level of a private nuisance