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Nuisance Litigation Toolkit (PA)
Practical Law Toolkit w-041-2436 (Approx. 6 pages)
Nuisance Litigation Toolkit (PA)
by Practical Law Commercial Litigation
| Maintained • Pennsylvania |
A Toolkit of resources to assist counsel with key aspects of litigating civil nuisance claims affecting real property under Pennsylvania common law. This Toolkit includes state-specific resources discussing how to commence either a claim for private nuisance or a private (nongovernment) claim for public nuisance in Pennsylvania state court and how to defend against civil nuisance claims, respond to a complaint, and prepare, serve, and respond to discovery. It also includes national resources explaining the elements of nuisance claims generally.
In Pennsylvania, a nuisance is an unreasonable or unlawful use of real or personal property or improper, indecent, or unlawful conduct that does not directly infringe on the rights of others but does, through its consequences, cause material injury to (or obstruction of) the rights of another person or the public (Youst v. Keck's Food Serv., Inc., 94 A.3d 1057, 1071 (Pa. Super. 2014)). Common examples of nuisances are smoke, dust, vibration, and noise. A nuisance can be:
- A public nuisance, a private nuisance, or both, depending on whose rights are affected. A nuisance is:
- a public nuisance if it unreasonably interferes with a right common to the general public (Machipongo Land & Coal Co. v. Commonwealth, 799 A.2d 751, 773 (Pa. 2002) (citing Restatement (Second) of Torts § 821B)); and
- a private nuisance if it constitutes a nontrespassory invasion of the plaintiff's interest in the private use and enjoyment of land (Youst, 94 A.3d at 1072 n.11 (citing Restatement (Second) of Torts § 821D)).
- Either a nuisance per se or a nuisance in fact. A nuisance:
- per se is an act or use of land that a statute, ordinance, court decision, or other applicable law has generally recognized as injurious to health or to the welfare of the community at all times and at all places as a matter of law, regardless of how it is conducted (see, for example, SPTR, Inc. v. City of Philadelphia, 150 A.3d 160, 169 (Pa. Cmwlth. 2016); Blue Mountain Pres. Ass'n v. Township of Eldred, 867 A.2d 692, 704-05 (Pa. Cmwlth. 2005)); and
- in fact is an object, substance, activity, or circumstance that is a nuisance because of the particular surroundings or circumstances of the case (see, for example, Reid v. Brodsky, 156 A.2d 334, 337-39 (Pa. 1959) (noisy bar whose intoxicated patrons brought litter, fights, crime, and vulgar, indecent conduct into an otherwise quiet, peaceful residential neighborhood was a nuisance in fact).)
- Either a permanent or a continuing nuisance. A nuisance is:
- a permanent nuisance if it causes a permanent, long-lasting effect, such as a permanent change in the physical condition of the plaintiff's land, and past and future damages that may be predictably determined (Sustrik v. Jones & Laughlin Steel Corp., 197 A.2d 44, 46-47 (Pa. 1964); Cassel-Hess v. Hoffer, 44 A.3d 80, 87-88 (Pa. Super. 2012)); and
- a continuing nuisance (sometimes called a temporary nuisance) if it is an interference that causes unpredictable future impacts, typically because either it can be abated at any time or the damages may vary over time (see, for example, Lake v. Hankin Grp., 79 A.3d 748, 753-55 (Pa. Cmwlth. 2013) (complaint asserting trespass and public and private nuisance claims pleaded a continuing trespass or nuisance); Caruso-Long v. Reccek, 243 A.3d 234, 240 (Pa. Super. 2020)).
The type of nuisance affects the standing requirements, when the statute of limitations begins to run, and what damages are recoverable.
This Toolkit contains resources to assist counsel in understanding the different types of nuisance claims. It also contains resources to assist counsel in asserting or defending against a nuisance claim under Pennsylvania law, including resources to help counsel conduct discovery or bring a motion for summary judgment.