ABSTRACT
Defendant's conduct may create an actionable nuisance where it either interferes with a public right or a private party's interest in the use or enjoyment of land. The complainant in private nuisance seeks to protect his own, current interest in the quiet enjoyment of property. The plaintiff need not own the property; he needs only to be lawful occupant. For a suit in public nuisance, on the other hand, the complainant need not have a property interest in any property affected by defendant's conduct. A claim in trespass ordinarily seeks damages for an intrusion onto a property, that is, the pollution or contamination of plaintiff's property by particulate or subparticulate matter. Defendant's conduct may create a cause of action in public nuisance even where "neither the plaintiff nor the defendant acts in the exercise of private property rights". For the most part, the public nuisance remedy is enforced by a government body on behalf of the public.
