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Public Nuisance

An interference with a right that is common to the general public or community. The elements of a public nuisance are:

A.

Substantial Harm Nuisance requires a substantial harm. This is unlike trespass where nominal damages are awarded even if no harm is done.

B.

Injury to the Public at Large

C.

Personal Harm is Separate from Public If an individual party wants to recover damages that it suffered from a public nuisance, it must show that it suffered a different kind of harm than the general public.

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