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    COMMON LAW PUBLIC NUISANCE

         To recover damages for public nuisance, plaintiff must show by the greater weight of the evidence that:

      1. Defendant [authorized] [permitted another to carry on] [or] [knowingly assisted or participated in carrying on] conduct that causes injury to the public health, safety, or welfare, or which unreasonably interferes with [a right] [privilege] [or] [property] of the public in general; and 

      2. As a result of defendant’s conduct, plaintiff has suffered a special injury, such as personal injury, or property damages, or pecuniary losses, different in kind and degree from that suffered by members of the public in general. 

    Authority:  Orlando Sports Stadium, Inc. v. Powell, 262 So.2d 881 (Fla. 1972); Page v. Niagara Chem. Div. of Food Machinery & Chem. Corp., 68 So.2d 382 (Fla. 1953); Gardner v. Sailboat Key, Inc., 295 So.2d 658 (Fla. 4th DCA 1974); Town of Surfside v. County Line Land Co., 340 So.2d 1287 (Fla. 3d DCA 1977); Prosser, Private Action for Public Nuisance, 52 VA.L.REV. 997 (1966).