Whenever a nuisance is alleged to exist, the attorney general or any citizen of the
state may bring an action in the name of the state, upon the relation of the attorney
general or of an individual citizen, to abate the nuisance and to perpetually enjoin
the person or persons maintaining the nuisance and any or all persons owning any legal
or equitable interest in the place from further maintaining or permitting the nuisance
either directly or indirectly. The complaint shall be duly sworn to by the complaining
party, unless brought by the attorney general, and shall set forth the names of the
parties, the object of the action, a description of the place complained of, and a
statement of the facts constituting the alleged nuisance.
Notes of Decisions
State v. Lead Indus., Ass'n, Inc., 951 A.2d 428 (R.I. 2008).
· cites it 3× “1956 § 42-9-2 (vesting the Attorney General with the power to commence a public nuisance suit) and G.L. 1956 § 10-1-1 (providing that “[wjhenever a nuisance is alleged to exist, the attorney general * * * may bring an action in the name of the state * * * to abate the nuisance”).”
Hawkins v. Town of Foster, 708 A.2d 178 (R.I. 1998).
· cites it 2× “The town also claimed that the Hawkinses’ use of Whippoorwill as a year-round camping area constituted a public nuisance under G.L.1956 § 10-1-1. The Hawkinses moved to have this second case dismissed on the ground that the claims presented therein were compulsory counterclaims…”
Pucci v. Algiere, 261 A.2d 1 (R.I. 1970).
· cites it 2× “1956, §10-1-1. In our judgment there is no merit to any of the arguments made by plaintiff in Point One of his brief.”
Gail v. New England Gas Co., Inc., 460 F. Supp. 2d 314 (D.R.I. 2006).
“§ 10-1-1. In order to satisfy the “special damage” requirement, a private plaintiff must show that he has “ ‘suffered harm of a kind different than that suffered by other members of the public exercising the right common to the general public that was the subject of interference.”
Corvello v. New England Gas Co., Inc., 532 F. Supp. 2d 396 (D.R.I. 2008).
· cites it 2× “In any event, in addition to their common law right, the plaintiffs also have a statutory right to injunctive relief under Rhode Island General Laws § 10-1-1, which expressly confers on a private citizen the right to bring an action “to abate [a] nuisance and to perpetually…”
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