Second, a central facet of many presently-litigated cases is that they require the evaluation of the relationships between the common law tort of private nuisance
and statutory norms regarding permissible levels of pollution, planning and zoning laws, permits issued by planning authorities, and so on.
Because plaintiffs' injuries were "fairly traceable" to defendants' alleged contributions to global warming, plaintiffs had standing to assert claims for public and private nuisance
, trespass and negligence.
about one-half mile to two miles from the projected wind turbines," brought a private nuisance
claim against the defendant seeking to enjoin construction of the wind farm.
federal preemption of common law private nuisance
actions by the OTARD
[E]ither a public or private nuisance
may be enjoined because
"Nuisance" is the French word for harm(37) Nuisance is "an interference with the use or enjoyment of land, or with a right of easement or servitude over the land."(38) There are private nuisances
and public nuisances.
Rychlak, Common Law Remedies for Environmental Wrongs: The Role of Private Nuisance
, 59 Miss.
The Swahns suspected that the Hussains were operating an "illegal commercial catering business." They filed a two-count complaint, based on the development's declarations, alleging both public and private nuisance
. They sought $200,000 in compensatory and punitive damages.
would be the more likely course, according to D'Ovidio, as the impact affects a particular neighborhood versus the entire city.
Meanwhile, a private nuisance
is one which 'violates only private rights and produces damage to but one or a few person.'
"Please help us protect King Tut's from future risk of statutory and private nuisance
actions and potential closure, so we can continue to provide the platform for generations of artists to come, and priceless, life affirming, moments for future fans."
has been defined as "invasions of an occupier's interest in the beneficial use and enjoyment of land." (100) Such interference may extend beyond direct physical intrusions, and may include noise, smell, vibration, and other interferences emanating from neighbouring land.