Massachusetts Notice of Existence of Nuisance to Public Authorities
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How to fill out Notice Of Existence Of Nuisance To Public Authorities?
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FAQ
(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the
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 onerather, the public must be affected in a manner specifically prohibited by your city's or state's laws.
Courts now interpret the Restatement as laying out four distinct elements: the existence of a public right, a substantial and unreason- able interference with that right, proximate causation, and injury.
1 Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards. Plaintiffs in public nuisance lawsuits, including state departments and agencies, may seek damages and/or injunctions.
There are two types of nuisance: common law nuisance and statutory nuisance.
The two chief defences to an action of nuisance are (1) statutory authority, and (2) prescription. As regards the former, a nuisance may be authorized by statute if the enterprise is in the public interest.
Adopted in 1866, Massachusetts General Law Chapter 91 protects the public's interest in waterways of the Commonwealth. It ensures that public rights to fish, fowl and navigate are not unreasonably restricted and that unsafe or hazardous structures are repaired or removed.
If the annoying behavior is causing you some real injury, a lawsuit may be appropriate. If the only injury is your frustration, a non-legal course of action is probably best.
A public nuisance generally refers to any conduct that interferes with the rights of the public. The precise definition of public nuisance often varies by state and is embodied in civil and criminal statutes.
