nuisance

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Related to public nuisance: private nuisance

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 ?
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.