A private nuisance is a non-trespassory invasion of another’s interest in the private use and enjoyment of land.” Restatement (Second) of Torts §821D. A nuisance can also be defined as “an unreasonable interference with the use and enjoyment of land.”Nitram Chemicals, Inc. v. Parker, 200 So.2d 220 (Fla. 2d DCA 1967). What does this mean for you? One person cannot use his or her property in a manner which causes another person to suffer the loss of use and enjoyment that person’s own property.
Are you and your neighbors annoyed and embarrassed by foul and noxious odors from a nearby waste facility, factory or refinery bombarding your property? Does is it seem that the noxious fumes persist, no matter how often you speak up and to whom you complain? Are you unable to use and enjoy your own property as you intended? Do you lock yourself in your house or take your children to a friend’s house miles away to avoid exposure to the odors, which cause nausea, headaches, insomnia or other physical reactions? Zakariah Johnson has represented more than a thousand individuals in communities across the country where residents have lost the use and enjoyment of their homes due to the negligent operations of neighboring industrial facilities such as landfills, transfer stations, commercial composting and industrial wastewater treatment ponds.