1.Nuisance = Judicial Zoning
a.2 types of Nuisances
i.Private Nuisance is any substantial nontrespassory invasion of another’s interest in the private use and enjoyment of land by any type of liability forming conduct – Plank says what?
1.Standard for determining what is liability forming conduct = subjective and objective
a.I can’t define it, but I know it when I see it – Plank
b.What you see, the conduct giving rise to the nuisance, must be offensive to a reasonable person
2.2 types of Private Nuisances
a.Private nuisance per se = nuisance at law
i.Definition is an act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings
ii.Example – Crack House, or Whore House, i.e. something illegal
3.Nuisance per accidens = nuisance in fact,
a.i.e. operation in a negligent manner, but remember that negligence is not a requirement
b.May also arise from intentional maintenance or creation
ii.Public Nuisance is an act that interferes with general community interests or the comfort of the public at large.
a.Air pollution
b.Loud noises
c.Storing dangerous explosives
d.Prostitution houses (can also be private if they interfere with your use of your property)
2.Individuals cannot sue for public nuisance unless it also gives rise to a private nuisance