Private nuisance - Next Generation Bar Exam
- 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.
- What is a private nuisance?
- A substantial and unreasonable interference with another's use and enjoyment of land. No physical entry is required.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.