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5 Cards in this Set

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Private nuisance / Definition
Private nuisance is a substantial unreasonable interference with another private individual's use or enjoyment of his property.
Private nuisance / Substantial interference
A substantial interference is one that is offensive, inconvenient, or annoying to an average person in the community.
Private nuisance / Zoning ordinance
Conduct consistent with what a zoning ordinance or other license permits is highly persuasive, but not necessarily conclusive proof that the use was not a nuisance.
Private nuisance / Unreasonable interference
For an interference to be characterized as unreasonable, the severity of the inflicted injury must outweigh the utility of D's conduct.

In balancing these respective interests, courts take into account that every person is entitled to use his own land in a reasonable way,considering the neighborhood, the values of the respective properties, the cost to D to eliminate the condition complained of, and the social benefits from allowing the condition to continue.
Public nuisance / Definition
Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community, e.g. using a building for criminal activities.

Recovery is available only if the private party suffered unique damages not suffered by the public at large.