Brief Fact Summary. Plaintiffs are landowners who are seeking to permanently enjoin the use of Defendants’ windmill, because they allege that the windmill is a nuisance.
Synopsis of Rule of Law. A private nuisance is an unreasonable interference with the use and enjoyment of one’s land.
Issue. Is the Defendants’ windmill a nuisance?
Held. Yes. The windmill must be shut down, but the counterclaim against the Roses cannot stand as an actionable nuisance.
To determine a private nuisance, the court will consider the cases on a case-by-case basis, balancing the competing interests in property as required by law. A nuisance must be proven by clear and convincing evidence.
The essence of a private nuisance is an unreasonable interference with the use and enjoyment of land. The utility of Defendant’s conduct must be weighed against the quantum of harm to Plaintiff. The question is not simply whether someone is annoyed or disturbed, but whether the annoyance or disturbance arises from an unreasonable use of the neighbor’s land. Sans v. Ramsey Golf, 149 A.2nd 599 (N.J. 1959).
Unreasonableness is judged not according to exceptionally refined, uncommon or luxurious habits of living, but according to the simple tastes and unaffected notions generally prevailing among plain people. Stevens v. Rockport Granite Co., 104 N.E. 371 (Mass. 1914).
Noise, standing alone, may justify a finding of nuisance is two elements are present: 1) injury to the health and comfort of ordinary people in the vicinity; and 2) unreasonableness of that injury under all the circumstances. The court found that the Defendants’ windmill was a nuisance due to the noise level. However, the counterclaim against the Roses’ heat pump must fail because the heat pump was not operated as frequently or as long in duration as the windmill.
The zoning laws were found to be an alternate rationale for the court’s finding.
The essence of a private nuisance is an unreasonable interference with the use and enjoyment of land.View Full Point of Law