private nuisance claim (Maryland) · Go Syfert
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private nuisance claim in Maryland

6 Maryland opinions name it 2 courts 2007–2025 1 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Blue Ink, Ltd. v. Two Farms, Inc.green
mdctspecapp · 2014 · cited in 1 Maryland opinions naming this issue, 2025–2025
1 sentence

2025Maryland courts have adopted Section 821D of the Restatement (Second) of Torts (1965), which defines private nuisance as “a nontrespassory invasion of another’s interest in the private use or enjoyment of land.” Blue Ink, Ltd. v. Two Farms, Inc., 218 Md.

11
Prah v. Marettigreen
wis · 1982 · cited in 1 Maryland opinions naming this issue, 2007–2007
1 sentence

2007In Prah v. Maretti, 108 Wis.2d 228 , 232, 321 N.W.2d 182, 187 (1982), that Court restated the concept that applies in Maryland as well: “The private nuisance doctrine has traditionally been employed ... to balance the conflicting rights of landowners....” 23 Private nuisances, moreover, are not a normal element of rights arising out of the issuance of building permits even when notice requirements exist, and private nuisances, if they exist, normally do so independently of the issuance of any public permits.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Amphitheaters, Inc. v. Portland Meadows green
or · 1948
2 sentences

2014For example, in Amphitheaters, Inc. v. Portland Meadows, 184 Or. 336 , 198 P.2d 847 (1948), an outdoor drive-in theatre filed a lawsuit against the race track adjacent to its property, alleging claims of trespass and nuisance based on the race track’s evening lighting.

2014For example, in Amphitheaters, Inc. v. Portland Meadows, 184 Or. 336 , 198 P.2d 847 (1948), an outdoor drive-in theatre filed a lawsuit against the race track adjacent to its property, alleging claims of trespass and nuisance based on the race track’s evening lighting.

22014–2014
Page v. NIAGARA CHEMICAL DIVISION, ETC. green
fla · 1953
2 sentences

2025Finally, in Page v. Niagara Chemical Division of Food Machinery & Chemical Corp., 68 So.2d 382 (Fla. 1953), the Supreme Court of Florida considered a private nuisance claim brought by railroad employees against the owner of an adjacent factory.

2025Id. at 383 .

12025–2025
Short v. Baltimore City Passenger Railway Co. green
· 1878
1 sentence

2011In Short v. Baltimore City Passenger Railway Company, 50 Md. 73 (1878), we considered a private nuisance claim, such as that brought in the instant case, brought against a commercial railroad where, after clearing its tracks of snow, the railroad had allegedly created a large snow ridge that reportedly concentrated the flow of surface waters onto a nearby property.

12011–2011
Exxon Corp. v. Yarema green
mdctspecapp · 1986
2 sentences

2008Under Maryland law, to sustain a private nuisance claim “there must be a substantial interference with the plaintiffs reasonable use and enjoyment of its property.” Exxon Corp. v. Yarema, 69 Md.App. 124, 151 , 516 A.2d 990 (1986), cert. denied, 309 Md. 47 , 522 A.2d 392 (1987).

2008Under Maryland law, to sustain a private nuisance claim “there must be a substantial interference with the plaintiffs reasonable use and enjoyment of its property.” Exxon Corp. v. Yarema, 69 Md.App. 124, 151 , 516 A.2d 990 (1986), cert. denied, 309 Md. 47 , 522 A.2d 392 (1987).

12008–2008

Where else courts name it

TX 26 (2003–2026) NY 20 (1995–2025) CT 12 (1991–2017) WI 9 (1999–2026) MD 6 (2007–2025) MI 6 (2015–2024) WA 6 (2005–2014) NC 5 (1993–2025) NJ 5 (1991–2025) OH 5 (1999–2024) CA 5 (2000–2022) GA 4 (2018–2021) MA 4 (1987–2023) UT 3 (2008–2022) DC 3 (2013–2022) MS 3 (1996–2024) IA 3 (2022–2022) ND 3 (2012–2014) AL 2 (1980–2001) ME 2 (2007–2020) PA 2 (2009–2026) FL 2 (2018–2018) CO 2 (2008–2025) KY 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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