Private nuisance - Next Generation Bar Exam

  1. Who may sue for private nuisance?
    A person with a possessory or other property interest in the affected land. Tenants as well as owners may sue.
  2. What is a private nuisance?
    A substantial and unreasonable interference with another's use and enjoyment of land. No physical entry is required.
  3. A factory emits loud noise all night that keeps ordinary neighbors awake. What claim do the neighbors have?
    Private nuisance. The noise substantially and unreasonably interferes with use and enjoyment of their homes.
  4. What is a 'purchased injunction' remedy in nuisance law?
    An injunction conditioned on the plaintiff paying the defendant's costs of relocating or ceasing. Spur Industries v. Del E. Webb used it when a developer came to an existing feedlot.
  5. What is a substantial interference for private nuisance?
    One that would be offensive or annoying to a person of ordinary sensibilities. Unusually sensitive plaintiffs or uses do not establish substantial interference.
  6. How is unreasonableness determined for an intentional private nuisance?
    By weighing the gravity of the harm against the utility of the defendant's conduct. Some courts find unreasonableness when the harm is serious and compensation is feasible.
  7. What is the effect of compliance with zoning on a nuisance claim?
    It is relevant but not a complete defense. A lawful use may still be a nuisance.
  8. Under Boomer v. Atlantic Cement Co., what remedy may a court award for a nuisance with great social utility?
    Permanent damages instead of an injunction. The court balanced the economic hardship of closing a plant against the plaintiffs' harm.
  9. A neighbor who breeds unusually sensitive orchids sues a farm whose ordinary dust harms only the orchids. What is the likely result?
    The neighbor loses, because the interference would not affect a person of ordinary sensibilities. Hypersensitive uses do not establish substantial interference.
  10. What is the difference between trespass and private nuisance?
    Trespass interferes with exclusive possession; nuisance interferes with use and enjoyment. Invisible intrusions such as noise and odors are usually nuisances.
  11. What is the effect of 'coming to the nuisance'?
    It is a factor, not a complete defense. A plaintiff who moved near an existing activity may still recover, though courts consider the timing.

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