Neighbor wants stable gates locked Jun 14, 2008
As a commercial farm, J.E.M. Stables may have right-to-farm protection, which protects owners from restrictive municipal laws and private nuisance complaints. Pirozzi wants a judge to look over the "important" situation involving the Espositos and Cruser, which she believes has larger ramifications. (NJ.com -- Times)
Commissioners decline $750K conservation grant (127) May 28, 2008
Holliman said this was a "civil matter" that could not be resolved before a public or private nuisance issue was actually at hand. Both the property owner and the county can ask for legal relief and action against the developer if they are damaged, but not before. (Lafayette Macon County Times, TN)
Buncefield oil fire was result of negligence by Total, says High Court May 24, 2008
To improve their chance of securing compensation, lawyers for the claimants asked the judge for permission to amend their case, adding an accusation of public nuisance to the existing charge of private nuisance. In a public nuisance, loss or damage is suffered by a local community as a whole rather than specific individuals who suffer private nuisance ... The new claim, which was admitted by the judge, gives the claimants another avenue of attack and is significant because under English law... (Times Online)
County may clarify animal ordinance May 13, 2008
Henson said she only gets about two calls a month about barking dogs, but that has come through educating people about private nuisance and public nuisance. They may have an issue for a private nuisance case and can take it to the magistrate court at their expense, rather than the county s expense, she said. (Calhoun Times, GA)
$125 M lawsuit thrown out Mar 29, 2008
In a decision reached March 12, Judge Vanessa L. Bryant of the U. S. District Court in Hartford ruled that the constitutional right of Mr. Wiltzius to due process under the law was not violated, in a decision that also absolved the town of negligence for allegedly allowing damage to his property from a trailer park he had claimed was a public and private nuisance. Mr. Wiltzius, whose Sherman Lane property abuts the Candle Hill Trailer Park, had claimed in the suit he first filed in April of 2005... (New Milford Times, CT)
What is the Current Status of the Cranberry Lawsuit and Its Effect on the Right to Farm Law? Dec 7, 2007
Judge Anderson ruled that the cranberry grower s farming practices were not unreasonable and did not impact the water in Musky Bay to such a degree as to create a public or private nuisance. However the plaintiffs said that any kind of pollution that interferes with a body of water is a public nuisance. (Agri-View, WI)
Mortgage stress may be behind Bible belt crime Nov 24, 2007
2 per cent rise in harassment, threatening behaviour and private nuisance charges. "[Incidents] include sending inappropriate text messages to persons via mobile phones," she said. (Sydney Morning Herald)
Two dogs, two bullets, and a $100K lawsuit Nov 21, 2007
According to Boyd, Carnes' civil suit includes complaints of trespassing, destruction of property, emotional damages, attorney's fees, public nuisance and private nuisance. Both sides have differing impressions of the dogs Heavner keeps on her property. (Bandera Bulletin, TX)
DuPont Fined $196.2M In Class-Action Suit Oct 20, 2007
They also found DuPont h 00000F28 ad created a public and private nuisance and that its pollution trespassed onto private property. You can't come here to our state and just dump your garbage and poison our kids and ruin our health and just leave us behind and forget we even existed. (CBS News)
DuPont guilty of wanton, willful, reckless conduct Oct 20, 2007
They also found DuPont had created a public and private nuisance and that its pollution trespassed onto private property. In the second phase, the jury required DuPont to provide medical monitoring for 40 years to people who were exposed to arsenic, cadmium and lead. (Charleston Gazette, WV -- News)
More of this story Oct 17, 2007
In addition to the abeyance order, Gibson also certified that it be tried as a private nuisance and property damage claim, he said. Although the private nuisance claim was a limited win for the plaintiffs, Hamilton said that G-P appealed Gibson's limited class-action ruling which was reversed and remanded. (Hamburg Ashley County Ledger, AR)
Medical Monitoring Ordered in Waste Case Oct 11, 2007
The 11-member jury also found that Delaware-based DuPont created a public and private nuisance and that its pollution trespassed onto private property. DuPont has already set aside $15 million to deal with the lawsuit. (ABC News -- Wire)
Robert J. Bruss, 67; syndicated journalist wrote about real estate Sep 28, 2007
Bruss recommended that the reader "hire a real estate attorney to sue them for an injunction to abate the private nuisance beehive" and try to convince other neighbors to join the action and share the legal costs. Bruss was well versed in such maneuvers, having practiced real estate law for years before journalism beckoned. (Los Angeles Times)
Failure to submit paperwork leaves county non-compliant Aug 9, 2007
According to Jim Beaver, county attorney, Pepper had plenty of time to file a private nuisance action, but has not. The Commissioners were unsure whether this was in their jurisdiction and told Pepper to report back after attending the Plan Commission meeting on the fourth Monday of the month. (Rensselaer Republican, IN)
Man arrested for riding on mikoshi May 21, 2007
One of the bearers was arrested in violation of the Tokyo metropolitan government's regulations on the prevention of public and private nuisance. During the event on the last day of the festival, bearers carry three mikoshi from Asakusa Shrine, threading their way through crowds of spectators in the streets. (News on Japan, Japan)
Love Thy (Noisy, Smelly) Neighbor May 10, 2007
A lawsuit claiming public and private nuisance, as well as other appropriate claims, may be viable. In most cases, make sure that friends and neighbors witness the problem so that they can be called as witnesses. (RealtyTimes)
Ag Coalition Wants Appeals Court to Correctly Interpret Right to Farm Law Feb 23, 2007
In his decision dismissing the nuisance suit, Judge Anderson ruled that the cranberry grower's farming practices were not unreasonable and did not impact the water in Musky Bay to such a degree as to create a public or private nuisance. The unsuccessful plaintiffs are now appealing that decision, asking the Appeals Court to reverse the trial court and to rule that the cranberry operation is a nuisance which is not shielded from liability by the Right to Farm Law. (Agri-View, WI)
Christmas decorations: kitsch or cool? Dec 22, 2006
Private nuisance claim Neighbours could claim that the lights were shining into their bedroom and keeping them awake all night. The court would be unlikely to agree to an injunction as it is for only a few weeks a year. (TimesOnline)
Bats in homes not that uncommon Nov 26, 2006
Homeowners outside the Twin Cities with bats indoors are referred to private nuisance animal experts, he said. Kath explained legal protections are afforded to all 12 species of bats found in Illinois even though just four species are on the state and/or federal endangered species lists. (The Pantagraph newspaper)
EBT board was in the mood to say ‘no’ Nov 15, 2006
But the guidelines are rather vague, a public nuisance being bothersome to the community, while a private nuisance affects only a couple of neighbors. Dr. David Lightman of the Gilead development said he had researched other municipal ordinances and EBT might be able to pass similar laws. (Milton Standard Journal, PA)
Two cleared in neighbor dispute Oct 26, 2006
The jury in U.S. District Court in Central Islip on Monday found a third defendant liable for violating a private nuisance law and fined her $2,100 for cursing at her neighbors and allowing her dog to roam their property, among other things. "They tried to make a mountain out of a molehill and I think the jury saw that," said Thomas F. Liotti, of Garden City, who represents Gregory Schkoda. (Newsday)
School sites trigger worries Aug 14, 2006
"The Board understands and is fully aware of the location of the Treatment Plant and does not intend to bring, and will not bring, any claim against the Treatment Plant for public nuisance, private nuisance, or other similar claims arising out of the Treatment Plant's normal and ordinary operations," the letter said. While city officials said Stericycle isn't a threat, at least two autism specialists and a handful of parents including a former school founder said the location of the two schools... (Deseret News)
U.S. Congressional Bills Say Manure is Not a Superfund Material Jul 27, 2006
"American Farm Bureau President Bob Stallman also weighed in on this legislation. "Superfund regulations were enacted more than a quarter-century ago to rein in industrial polluters and clean up toxic waste sites - not to be imposed on America's farmers and ranchers," he said.This would be a good time for all livestock producers to contact their elected Representatives and Senators in Washington D.C. and let them know you favor this legislation - remember, in an election year they should be... (Agri-View, WI)
NR 243 Will Have Aug. 3 Joint Hearing Before Ag Committees Jul 15, 2006
Lautenschlager had filed the suit on behalf of 14 out-of-state residents, which charged Zawistowski with creating a public and private nuisance with his Musky Bay cranberry operation. Zawistowski had never been cited by the DNR, the DATCP or any other governmental unit for environmental violations. (Agri-View, WI)
Unfulfilled Aspirations? Jul 13, 2006
But, it is doubtful whether private nuisance involving activities, or failures to act, on land causing a foreseeable and substantial interference, that could be described as a gross disregard of law and order vis--vis ''mutual respect'' in most residential areas as land guards seem to have usurped the throne of town planners and lawmakers, would be acceptable. So how come, some landlords even parcel out lands for sale without thought of schools; recreational centres, designate areas such as... (Ghana Web, Ghana)
Read the full story... Jul 11, 2006
( Romanoff's activities constitute both a public and private nuisance to the "public health, safety (and) peace" of town residents and the physical comfort of nearby property owners whose homes have been affected by cockroaches. Compensation is sought for the "inconvenience, discomfort, annoyance and medical expenses" incurred. (Westerly Sun, RI)
Lautenschlager's Appeal is Another Strike at Right to Farm Law Jul 7, 2006
08, if the pollution of a water body caused by phosphorus discharges from a cranberry farm presents a substantial threat to the public health or safety, may a private nuisance be found even though the defendant's agricultural use existed before most of the private plaintiffs began their use of the water body ... Should the trial court have found that the defendant, through his discharge of phosphorus into the bay, had caused a private nuisance, interfering with the private plaintiffs' exercise... (Agri-View, WI)
Topless club under scrutiny Jul 7, 2006
The city can punish a business whose "actual business activity constitutes a public or private nuisance, or has been or is being conducted in an unlawful, illegal or impermissible manner," according to the complaint prepared by city staff. City code also says that "the sale or other disposition of alcoholic beverages is not a matter of right but of privilege.". (Las Vegas Review-Journal -- Nevada News)
If a dead tree falls, which property owner is liable? Jun 11, 2006
In relevant cases, it was stated that "where a tree located on an adjoining property becomes a private nuisance to an abutting owner, due to its rotted and diseased condition, it may be abated summarily without resort to legal proceedings, provided this can be done without a breach of the peace.". Generally, prior notice of such an abatement is required, but will be excused if the situation poses an immediate threat to life or property and requires prompt action to contain the danger. (Times Herald-Record, NY)
Read the judgement May 17, 2006
The absence of a strict dichotomy between employees and independent contractors is revealed by the concept of non-delegable duties of care, the existence of torts which do not require proof of fault, such as public and private nuisance, and other exceptions to the general rule that employers are only vicariously liable for the torts of their employees. Now, it is true that there has been criticism of the CML exception. (Sydney Morning Herald -- Australia)
Lawsuit to evict Hot 97 May 3, 2006
"Hot 97 is a public and private nuisance to the people of New York," said Brian O'Dwyer, an attorney representing the District Council of Carpenters Benefits Funds, which owns the building at 395 Hudson St. "They are fostering a level of violence to ensure a high rating.". The lawsuit, filed in state Supreme Court, also seeks to evict two other stations, Kiss FM and CD 101. (Newsday -- New York City)
House debates liability of genetically modified seed makers Apr 26, 2006
The bill would treat farmers as consumers and would allow them to sue a seed manufacturer, claiming the so-called drift into his or her field was a private nuisance. Such a claim could only be made if the farmer could prove that his or her total loss exceeded $3,500. (WCAX.com, VT)
What lies beneath Apr 10, 2006
" Meanwhile, the sinkhole was growing, eating up more of her property and presenting an increasing danger and nuisance for her tenants. Suddenly, an issue that had seemed at first a matter of bureaucratic hassle and construction mess began to take on greater implications. Fixing the sinkhole would involve replacing about 60 feet of corrugated metal pipe with concrete pipe. "I started getting estimates for repairing the problem -- they said it would cost $300,000," she said. "There was no way I... (San Francisco Chronicle)
