Code of Alabama
Ala. Code § 6-5-120 (2026)
Defined.
✓ official Alabama Legislature (ALISON) text, current July 2026
A “nuisance” is anything that works hurt, inconvenience, or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.
(Code 1907, §5193; Code 1923, §9271; Code 1940, T. 7, §1081.)
Notes of Decisions
Cited in 41
cases (10 in the last 5 years), 1979–2025 · leading case: North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010).
North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010). “The law draws a distinction between activities which are merely not illegal, see Ala.Code § 6-5-120, and those which are expressly permitted.”
Lucero v. Trosch, 121 F.3d 591 (11th Cir. 1997). “See Ala.Code § 6-5-120 et seq. The district court denied plaintiffs’ application for a preliminary injunction on the FACE claim, but granted their application for a preliminary injunction on the nuisance claim.”
Russell Corp. v. Sullivan, 790 So. 2d 940 (Ala. 2001). “" Ala.Code 1975, § 6-5-120. This statute is a codification of Alabama's common-law nuisance principles.”
Hall v. North Montgomery Materials, LLC, 39 So. 3d 159 (Ala. Civ. App. 2008). “This court specifically does not find that the operation of the subject quarry is a public nuisance nor is the same found to be a private nuisance under § 6-5-120 et seq., Code of Alabama, 1975.”
Courtaulds Fibers, Inc. v. Long, 779 So. 2d 198 (Ala. 2000). “" Ala. Code 1975, § 6-5-120. In other words, an Alabama manufacturer owes a duty to neighboring landowners to use its property in a manner that will not "work[ ] hurt, inconvenience or damage" to them.”
Trans-Lux Corp. v. State Ex Rel. Sweeton, 366 So. 2d 710 (Ala. 1979). “1, §§ 6-5-120,121, Ala.Code 1975) are declaratory of the common law.”
Parker v. Ashford, 661 So. 2d 213 (Ala. 1995). “If it is impossible, before the construction of a project has been completed and the project is operating, for a court to ascertain whether it will or will not constitute a nuisance, or if reasonable doubt exists as to the probable effect of the proposed project, then a court…”
Tipler v. McKenzie Tank Lines, 547 So. 2d 438 (Ala. 1989). “It is undisputed that Exxon had no agency relationship with either of the other defendants; that Exxon had no right of control, and exercised no control, over the hauling activities from its facility; and that Exxon did not engage in any activity relating to the construction or…”
Crouch v. North Alabama Sand & Gravel, LLC, 177 So. 3d 200 (Ala. 2015). “Further, this Court has stated that the ‘anything’ referred to in § 6-5-120 “ ‘may consist of conduct that is intentional, unintentional, or negligent.”
Alabama v. PCI Gaming Auth., 15 F. Supp. 3d 1161 (M.D. Ala. 2014). “See Ala.Code § 6-5-120 (defining “nuisance”); Try-Me Bottling Co.”
Park Ctr. Inc. v. Champion Int'l Corp., 804 F. Supp. 294 (S.D. Ala. 1992). “” Ala.Code § 6-5-120 (1975). This definition is declaratory of the common law and does not supersede it as to other conditions and circumstances constituting a nuisance under common law.”
E S Robbins Corp. v. Eastman Chem. Co., 912 F. Supp. 1476 (N.D. Ala. 1995). “Private Nuisance (Count Five), Public Nuisance (Count Six), and Trespass (Count Seven) In Counts Five, Six, and Seven of the Complaint, Robbins alleges that Eastman is responsible for the alleged contamination in the soil and groundwater at the Site and that such contamination…”
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