Restatement Second of Torts § 821C
Who Can Recover for Public Nuisance
- In order to recover damages in an individual action for a public nuisance, one must have suffered harm of a kind different from that suffered by other members of the public exercising the right common to the general public that was the subject of interference.
- In order to maintain a proceeding to enjoin to abate a public nuisance, one must
- have the right to recover damages, as indicated in Subsection (1), or
- have authority as a public official or public agency to represent the state or a political subdivision in the matter, or
- have standing to sue as a representative of the general public, as a citizen in a citizen's action or as a member of a class in a class action.
Copyright, The American Law Institute