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Factual Summary
The case brought by the plaintiff alleges that the actions of the defendant constituted both a public and private nuisance. In bringing the action the plaintiff claims that the defendant in operating his large commercial dairy farm produces an inordinate amount of manure. The plaintiff claims that because the defendant improperly disposes of this manure the manure spreads onto not only the plaintiff's property but also into a nearby river. Additionally, the plaintiff alleges that the odor from the manure affects his ability to enjoy his property and negatively impacts on the enjoyment of an adjoining park area. The defendant counters the plaintiff's arguments by stating that he has done everything that he can to minimize the effect of the manure including installing storage lagoons and spreading the manure across his land. He acknowledges that such measures are more difficult during heavy rainfalls but that he does the best that he can. As to the odor, the defendant points out that the plaintiff should have expected the presence of such when he purchased his property and that...
Del E. Webb Development Co., 1972). Finally, as to the possible polluting of the nearby river, the defendant points out that he has never received any complaints regarding such pollution and is not aware of there being any problems related to the alleged pollution.
II. Issue
The issue before the court is whether or not the defendant's actions or inactions constitute an actionable case of either public or private nuisance.
III. Legal Concepts
This case involves both types of nuisances: private and public. A private nuisance involves the loss of the use or enjoyment of one's property without an actual physical invasion of the property. A public nuisance usually has far more reaching effects. It involves the ability or capacity to affect the health, safety, welfare, or comfort of the public…
References
Concerned Area Residents for the Environment, 34 F. 3d 114 (2d Circuit Court of Appeals September 2, 1994).
Pestey v. Cushman, 788 A. 2d 496 (Supreme Court of Connecticut February 5, 2002).
Spur Industries v. Del E. Webb Development Co., 494 P. 2d 700 (Arizona Supreme Court 1972).
Nuisance
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