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Malpractice, Misrepresentation, Nuisance, and other Torts

If a court finds that there was a nuisance, it has a range of remedies. An award in damages could be for the degree to which the defendant's actions produce a reduction in the value of the plaintiff's property. A court order (an injunction) could prevent the defendant from engagement in such conduct. A court might allow for abatement, where the plaintiff has the authority to end the interference, although courts will hesitate in allowing for such self-help remedies out of concern for the potential for abuse.

After meeting all requirements at law, a defendant opened a childcare service. Twice a day, parents come by for their children, blocking traffic occasionally for up to a half-hour at a time.

Should a neighbor file an action in private or public nuisance? Why?
Why might it make sense to sue the defendant for creating private nuisance and the public nuisance?

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In a situation of this nature it is quite probable that the neighbors should file an action in public nuisance, largely due to the fact that the blocking of the traffic for a significant length of time constitutes a public nuisance. In addition, the fact that the blocking of the traffic occurs twice a day would constitute a public nuisance to the ability of other drivers to be able to utilize this roadway in an efficient and effective manner, without having to deal with long delays. The defendant would ...