MBE Rules · Torts
Public nuisance
The rule
A public nuisance is an unreasonable interference with a right common to the general public — such as public health, safety, peace, or convenience. A private plaintiff may sue only upon showing a harm different in kind (not merely degree) from that suffered by the public at large.
In plain English
Public nuisance protects communal rights; a private citizen usually cannot sue unless she has a special injury. Otherwise the action is brought by a public official.
The trap
The 'different in kind' requirement — bare economic harm shared by many businesses is not enough; the plaintiff must show a qualitatively unique injury.
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