Idaho Code
Idaho Code

Idaho Code § 52-102 (2026)

Public nuisance. 

✓ current as of May 2026
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Public nuisance. 

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1953–2023 · leading case: State v. Vill. of Garden City, 265 P.2d 328 (Idaho 1953).
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State v. Vill. of Garden City, 265 P.2d 328 (Idaho 1953). · cites it 2× “” A public nuisance is defined by Section 52-102 I.C. as : “A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent- of the annoyance or dam *525 age inflicted upon individuals may be…”
Spirit Ridge Mineral Springs, LLC v. Franklin Cnty., 337 P.3d 583 (Idaho 2014). · cites it 2× “' I.C. § 52-101. A party may pursue a private nuisance action where it is neither a public nor moral nuisance.”
Carpenter v. Double R Cattle Co., Inc., 669 P.2d 643 (Idaho Ct. App. 1983). · cites it 2× “See I.C. §§ 52-102, 107, 111. However, as the English concept of nuisance was assimilated into American law, it underwent a transformation.”
United States v. Gerke (D. Idaho 2023). · cites it 2× “” Idaho Code § 52-102 . A private nuisance is “[e]very nuisance not defined by law as a public nuisance or a moral nuisance.”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands (Idaho 2020). · cites it 2× “The Newtons also contend that the district court erred in granting IDL and the LLC Respondents summary judgment on their public nuisance claim.”
Spirit Ridge Mineral Springs v. Franklin Cnty. (Idaho 2014). · cites it 2× “ance is defined by Idaho statute as follows: Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs…”
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