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Generally a public nuisance gives no right of action to an individual." ALA. CODE tit. 7, § 1084 (1960).
A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.
Essentials of Public NuisanceA person must have done an act or an illegal omission. Such an act or omission must cause any common injury, danger or annoyance to the public or to the people in general who dwell or occupy the property in the vicinity.
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.
(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.