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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