found: Work cat.: Chu, J. Vindicating public environmental interest, 2018:abstr. (public nuisance law; public nuisance) p. 100 (tort liability to protect public interest; Unlike traditional tort law that focuses on discrete and individualized injuries, public nuisance law provides a tort-based cause of action to address harm to the public interest including harm to the public interest in a clean environment)
found: Britannica online, May 22, 2020(Nuisance, in law, a human activity or a physical condition that is harmful or offensive to others and gives rise to a cause of action. A public nuisance created in a public place or on public land, or affecting the morals, safety, or health of the community, is considered an offense against the state. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, and keeping explosives are public nuisances. A private nuisance is an activity or condition that interferes with the use and enjoyment of neighbouring privately owned lands, without, however, constituting an actual invasion of the property. Thus, excessive noise, noxious vapours, and disagreeable odours and vibrations may constitute a private nuisance to the neighbouring landowners, although there has been no physical trespass on their lands)
found: West's encyclopedia of American law, c2008, via TheFreeDictionary.com, May 22, 2020(Nuisance: A legal action to redress harm arising from the use of one's property. The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community; The term public nuisance covers a wide variety of minor crimes that threaten the health, morals, safety, comfort, convenience, or welfare of a community. Violators may be punished by a criminal sentence, a fine, or both. A defendant may also be required to remove a nuisance or to pay the costs of removal; A public nuisance interferes with the public as a class, not merely one person or a group of citizens. No civil remedy exists for a private citizen harmed by a public nuisance, even if his or her harm was greater than the harm suffered by others; a criminal prosecution is the exclusive remedy. However, if the individual suffers harm that is different from that suffered by the general public, the individual may maintain a tort action for damages)
found: O'Connell, A. Private vs. public nuisance claims against property owners, via AllLaw website, May 22, 2020(Nuisance laws aim to balance the rights of property ownership with the rights of adjoining neighbors and the community at large; The legal definition of "nuisance" is an activity or physical condition that is indecent or offensive to the senses, or interferes with another person's reasonable use and enjoyment of life or property; In general, a public nuisance negatively affects an entire community or a large number of people, while a private nuisance affects an individual or a relatively small number of people; A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. The sheer number of people affected doesn't transform a private nuisance into a public one--rather, the public must be affected in a manner specifically prohibited by your city's or state's laws. In general, public nuisances threaten a community's health, safety, or overall welfare. Common types of public nuisance include pollution, drug activity, explosives storage, and possession of dangerous animals)
found: Tort law: the rules of public nuisance, via LawShelf.com, May 22, 2020(While the tort of private nuisance provides a remedy for interferences with the use and enjoyment of real estate, the tort of public nuisance allows recovery for activities that hurt a neighborhood or society. To be liable for public nuisance, the defendant must have interfered with public property, or with a right common to the public. Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards; Like private nuisance, public nuisance can be the result of negligence or intentional activity. Courts will also scrutinize factors like the kind of neighborhood, the nature of the harm and the proximity to those who are injured. However, a major difference from private nuisance concerns who may sue to recover damages. Since the impact of the nuisance is felt by the public, the law limits the right to sue to: 1. Public authorities who are responsible for protecting the rights of the public. These include state and federal agencies such as parks departments or environmental protection agencies; and 2. Those individuals who suffer a particularized harm from the nuisance. This means a harm different in kind than that suffered by the public at large)
found: Revised Code of Washington, via Washington State Legislature website, May 22, 2020:Title 9 > Chapter 9.66 > Section 9.66.010 (Public nuisance. A public nuisance is a crime against the order and economy of the state. Every place (1) Wherein any fighting between people or animals or birds shall be conducted; or, (2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or, (3) Where vagrants resort; and Every act unlawfully done and every omission to perform a duty, which act or omission (1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or, (2) Shall offend public decency; or, (3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or, (4) Shall in any way render a considerable number of persons insecure in life or the use of property; Shall be a public nuisance.)
