I. Nuisance
A. Guiding Principle of Nuisance Law
1. Use one’s own property in a way so as to not injure the property of another
B. Morgan v. High Penn Oil
1. High Penn intentionally and unreasonably caused noxious gases and odors to escape onto plaintiff’s property
C. Intentional Private Nuisance
1. When conduct is unreasonable under the circumstances of the particular case
2. Typically involves interference with use and enjoyment of land from one of the factors below that continues over time and is known by the defendant to result from its activities
a) Air
b) Water pollution
c) Noise
d) Odors
e) Vibrations
f) Flooding
g) Excessive light (or inadequate light
D. Unintentional Private Nuisance
1. When conduct is negligent, reckless, or ultrahazardous
E. Restatement 2nd
1. An intereference with use and enjoyment of land, in order to give rise to liability must be:
a) Substantial and
b) either intentional or unreasonable or
c) the unintentional result of negligent, reckless, or abnormally dangerous activity
2. Despite intent, nuisance liability arises only if the resulting interference is substantial and unreasonable
3. Generally, the harm must occur before the court will intervene. Courts will not anticipate the injury caused before it happens
F. Restatement 2nd 826
1. When determining unreasonableness in the case of intentional nuisance, the court is to consider whether:
a) the gravity of the harm outweighs the utility of the actor’s conduct, or
b) the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to otehrs woudl not make the continuation of the conduct not feasible (can D compensate P w/o ceasing activity)
c) Factors in determining gravity of harm
(1) Extent of harm
(2) Social value of use invaded
(3) Suitability of use to the locality (plaintiff’s use)
(4) Burden on Defendant to avoid the conduct
G. Lateral and Subjacent Support
1. Lateral Support
a) Support provided to one piece of land by the parcels of land surrounding it
(1) imposes a duty on neighboring pieces of land to provide support the parcel would receive under natural conditions (no duty to support structures on the land)
(2) Liability is absolute. No need to show
also held that when permanent damages are awarded, recovery by future owners of the land is not allowed.
b) 4 possible remedies
(1) Nothing
(2) Injunction + temporary damages
(3) Permanent damages + temporary damages
(4) Injunction at plaintiff’s cost
II. Public Nuisance
A. Wrong to the public at large
1. With a public nuisance you can sue a public party and obtain private remedy if you have special damages. Cannot have same damages as public at large
2. Must be “specifically affected” and have “special damages” in order to bring a suit under public nuisance theory
B. Remedy
1. When injury is slight, remedy for minor inconvenience is an action for damages
2. When residential landowner knowingly comes into a neighborhood reseved for industrial or agricultural endeavors and has been damaged, view is that moving into vicinity of nuisance is not a bar to recovery, but is a relevant factor
