Nuisance

Nuisance is an old, but still vibrant, method of adjusting land-use disputes between adjoining property owners. The law of public nuisance also affords state and local government a civil or criminal remedy against misuse of property.

A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.  Minnesota Statutes Section 561.01 defines a nuisance as "Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance."  Depending on the circumstances, a successful nuisance action may result in an injunction against the use entirely, an injunction prohibiting the use from interfering with adjoining property, or damages.  The Minnesota nuisance statute states that "An action may be brought by  any person whose property is injuriously affected or whose  personal enjoyment is lessened by the nuisance, and by the  judgment the nuisance may be enjoined or abated, as well as  damages recovered."  A special statute limits nuisance claims against agricultural operations.

For an interference with the enjoyment of life or property to constitute a nuisance, it must be material and substantial. Jedneak v. Minneapolis Gen. Elec. Co., 212 Minn. 226, 231, 4 N.W.2d 326, 329 (1942). A court measures the degree of discomfort by the standards of ordinary people in relation to the area where they reside.  Citizens for a Safe Grant v. Lone Oak Sportsmans Club, Inc., 626 N.W.2d 786 (2001).     The wrongful conduct resulting in creation of a nuisance may be intentional conduct, but can also be "negligence, ultrahazardous activity, violation of a statute or some other tortious activity." Highview North Apartments v. Ramsey, 323 N.W.2d 65, 71 (Minn.1982) (citations omitted).    It requires a fair amount of careful analyis to determine whether a landowner is creating a private nuisance.  The Court may balance the utility of the offending operations against the gravity of the harm caused in some circumstances.  The Court may consider whether the offending landowner can avoid the harm by using the best technology available.   The Court may consider whether the offending use is in an area zoned for this type of use, but proper zoning alone is not dispositive.    For a recent case discussing the law of nuisance in Minnesota, see Citizens for a Safe Grant v. Lone Oak Sportsmans Club, Inc., 626 N.W.2d 786 (2001).

A public nuisance is an offence to public standards generally--an unreasonable interference with a right common to the general public.   Minnesota has a variety of statutes which declare various land uses to constitute public nuisances.    Commonly, a city or county government brings an action to stop a public nuisance.   However,  if a public nuisance inflicts specific or peculiar injury upon a private landowner, that landowner may bring an action to stop the public nuisance.  Hill v. Stokely-Van Camp, Inc., 260 Minn. 315, 320-21, 109 N.W.2d 749, 753 (1961);  Northstar Legal Foundation v. Honeywell Corp, 355 N.W.2d 186 (MN App. 1984).