Public nuisance law originated in the twelfth century under the English common law.
Public nuisance actions were typically criminal actions until a 1536 English court decision that allowed individuals to recover damages under nuisance law.
First, a number of specifically identified vacant, abandoned houses in seriously defective condition were alleged to be public nuisances as defined by section 3767.
59) The plaintiff sought to enjoin the business practice of noncompliance with those laws requiring maintenance of houses in a condition free of public nuisances.
To address the problem of toxic ignorance, this Article proposes the recognition of a new type of public nuisance to compel chemical testing.
In the absence of such a mandate, this Article proposes the use of public nuisance litigation for attacking the toxic ignorance problem.
112) Allowing private actions for public nuisances would also allow a more varied array of suits because people value resources differently.
Courts have also afforded special injury status to public nuisances that have interfered with fights in land.
Applying the arcane law of public nuisance to redress the lead paint problem is an example of this type of judicial activism.
It is premature to say whether public nuisance litigation against the lead paint industry will ultimately succeed in the courts.
litigation, attorneys general relied upon the tort of public nuisance as
and now require that an actionable public nuisance claim fit within the