Lecture Notes on Nuisance Law

Introduction to Nuisance Law

• Hosted by: Dale Whitman
• Topic: Law of nuisance
• Context: Nuisance is a tort involving real estate, hence covered in property law.

Types of Nuisance

• Public Nuisance: Affects society or a broad group.
• Private Nuisance: Involves individual landowners.
• Definition: Unreasonable interference with neighboring property use/enjoyment.

Example of Nuisance

• Scenario: Neighbor burning rubber tires causing smoke interference.
• Parties in Nuisance Suit:
  • Defendant: Allegedly causing unreasonable use.
  • Plaintiff: Claims harm from defendant's activity.

Remedies in Nuisance Suits

• Damages: Compensation for harm caused.
• Injunction: Court order to cease activity.
• Plaintiff's Goal: Mainly seek injunction to stop the nuisance.

Factors Courts Consider in Nuisance Cases

1. Distance: Between plaintiff's and defendant's properties.
2. Character of Neighborhood: Typical activities in the area.
3. Social Value: Worthwhile to society.
4. Type of Interference: Odor, dust, smoke, sound.
5. Frequency: How often the nuisance occurs.
6. Negligence or Illegality: Technological minimization or zoning violations.
7. Who Arrived First: Moving to an existing nuisance.
8. Severity of Impact: On plaintiff's life or property.

Balancing Equities

• Plaintiff's Hardship: Personal and severe.
• Defendant's Hardship: Economic, measured in monetary terms.

Notable Nuisance Cases

Bove v. Donner-Hanna Coke Company (1931)

• Context: Coke plant causing pollution to nearby residents.
• Court's Considerations:
  • Who was there first: Bove moved in an industrialized area.
  • Area Suitability: Best for industrial facilities.
  • Zoning: Industrial zoning made operations legal.
  • Harm and Social Value: Court minimized harm, valued industrial operation.
• Outcome: No nuisance found, plant continued operation.

Spur Industries v. Del E. Webb Development Co. (1972)

• Context: Feedlot operation vs. residential development.
• Court's Innovative Remedy:
  • Finding: Both public and private nuisance.
  • Injunction: Spur ordered to cease but cost covered by Del Webb.

Nuisance Law and Environmental Regulations

• Lucas v. South Carolina Coastal Commission (1992):
  • Importance: Determining common law nuisance becomes crucial.
  • Government Regulation: Defense against compensation if activity is a common law nuisance.

Public vs. Private Nuisances

• Public Nuisance: Affects public facilities; often regulated by statutes and agencies.
• Private Enforcement: Possible if directly and uniquely harmed.

Conclusion

• Predictability: Nuisance cases are not very predictable, depend on court discretion.
• Examinations: Identify relevant factors and reasonable court considerations.

Contact

• Questions/Comments: Email [email protected]

These notes summarize the key points and details of the lecture on the law of nuisance, encompassing its definitions, remedies, and notable cases, alongside modern implications in environmental law.