Nuisance

The term nuisance is often described as activities that are harmful and/or annoying to other people. Nuisances may include a pile of garbage on your front lawn or even indecent conduct in public. A nuisance can either affect the general public (and is appropriately called a public nuisance) or private individuals (termed private nuisance). An individual has a right to use and enjoy their land and have the right to sue for acts that interfere with that. Many of the States have limited circumstances where people can sue for nuisances.

Brief Historical Background

Nuisance is a legal concept that has existed for over 900 years. In common law, it is known as one of the oldest causes of action. Nuisance law can be traced back to the earliest recorded case law.  It has developed alongside of trespass law. Trespass law protects property owners from unwanted invasions of their land. Nuisance law is somewhat more complicated – it protects owners from interference from using and enjoying their property by activities occurring somewhere else than on their own properties. This can create more complex issues.

For centuries the government has used public nuisance to stop activities that they deemed somewhat criminal but not strictly illegal and was not considered likely to injure someone. Some examples might include blocking a public roadway, blasting a stereo in a public place or even dumping of sewage. The definition of nuisance has evolved to include an activity that causes annoyance, offense, injury or trouble.

Precedent Setting Cases

One very early landmark cases in nuisance law is the case of Jones versus Powell from 1629. This case involved professional papers of an individual that were damaged by the vapors emitted from a neighborhood brewery.

The outcome of this nuisance suit was not totally clear however, there is a recording showing that as the water supply in the neighborhood was already contaminated, the suit was dismissed.

In the case of Comer versus Murphy Oil, Mississippi residents filed a lawsuit against climate change. The suit alleged a connection between the greenhouse gas emissions from the energy companies and property damage following Hurricane Katrina. This court case went as high as the Supreme Court of the United States, which a verdict that dismissed the Mississippi’s residents’ claim.

Another landmark case is a fairly recent one. The US Supreme Court has agreed to consider the case of appeal of a climate change nuisance lawsuit. This case involves whether States can seek control of industry emissions of GHGs using the public nuisance claim of federal common law. This court case is still proceeding in court.

Defenses

In history, the sole remedy for nuisances was paying for damages. As the court system developed, the remedy of injunctions became available. An injunction prevents an individual from repeating the activity that was the cause of the nuisance. If a defendant breaches the injunction, he or she may be found in contempt and face punishment. A preliminary injunction will usually be requested at the beginning of a case. A plaintiff must show that he/she will suffer some kind of irreparable injury if an injunction is not granted and that he or she cannot be appropriately compensated by money. Some plaintiffs will claim they are entitled to money in order to be compensated for alleged loss of enjoyment and use of the property as well as possible adverse health effects, plus a potential decrease in property value.