Restatement Second of Torts § 821B
- A public nuisance is an unreasonable interference with a right common to the general public.
- Circumstances that may sustain a holding that an interference with a public right is unreasonable include the following:
- Whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience, or
- whether the conduct is proscribed by a statute, ordinance or administrative regulation, or
- whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect, and, as the actor knows or has reason to know, has a significant effect upon the public right.
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