Control Of Land Use

Front 1

Nuisance

Back 1

1. Interference
2. Nontrespassory
3. Substantial
*Unintentional or
*intentional

Front 2

Interference

Back 2

Economically measurable harm

Front 3

Nontrespassory

Back 3

No physical invasion

Front 4

Substantial

Back 4

Normal person in community would find activity seriously burdensome, and annoying.

Front 5

Unintentional and negligence

Back 5

...

Front 6

Intentional and unreasonable

Back 6

a. Serious injury (reasonable person test)
b. Multi-factor test:
1. Character of neighborhood
2. Nature of conduct
3. Proximity to Plaintiff
4. Frequency and duration
c. Balance test:
Unreasonable if gravity of the harm to plaintiff outweighs the social utility of the defendant's conduct.

Front 7

Nuisance remedies

Back 7

Damages
Injunction

Front 8

Damages to date

Back 8

i. Plaintiff will receive damages to compensate for diminution of value of property to date of judgment.
ii. If permanent damages are awarded, damages to date will simply roll into that calculation.

Front 9

Injunction

Back 9

a. No longer automatically available.
b. only if relative hardship to plaintiff from denying the injunction outweighs the relative hardship to the public

Front 10

Damages: permanent vs continuing nuisance

Back 10

a. If nuisance permanent; damage for past and future harm in one lawsuit.
b. If temporary or continuing: plaintiff receives damage to compensate for past; plaintiff must sue again for additional damags suffer.