First, a mere fear of future injury will not merit injunctive relief. There are some other points to consider if you are thinking about bringing a nuisance action. For example, an area may be zoned to allow a mixture of residential and commercial building, and, a court might still find that an 'all night' gas station creates a nuisance for the residential property owners in the area. At the same time, the fact that an activity is located in area that is zoned for that type of operation does not mean that it cannot be found to constitute a nuisance. On the other hand, no matter how rural, if the feedlot is located in a 'residential' zone, a court may be more likely to allow injunctive or other relief. For instance, a court may be less likely to place restrictions on a livestock feedlot located in a rural area than on one located at the edge of urban sprawl. First, courts will look at the location in which the alleged nuisance is occurring and any applicable zoning restrictions that may apply to that area. In deciding nuisance disputes, several factors influence courts. Especially where an ongoing business, as opposed to an individual, is the defendant in the action, the court will try to minimize the economic impact on the business. In constructing its relief, however, most courts will attempt to balance the relative hardships to both of the parties involved in the action. Relief that is injunctive in nature generally requires the defendant to take some specific actions to minimize the negative effect of its operations on the plaintiff, from limiting the hours of the action to placing an all out prohibition on the negative action. No matter what the type of nuisance, to be subject to injunctive relief, the interference with the property must be substantial and continuous. It has the ability to affect the health, safety, welfare, or comfort of the public in general. A public nuisance is one that has more far reaching effects. An action for a physical invasion of property is known as a trespass action.

A private nuisance means there has been a loss of the use or enjoyment of property without an actual physical invasion of that property. These are private and public nuisance actions.

There are two basic types of nuisance suits. By bringing suit, the plaintiff usually seeks to control or limit the use of the land owned by the defendant. Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors or a public official suing a property owner for the benefit of the general public. At the risk of oversimplification, this doctrine is generally raised when a neighboring property owner is acting in a manner that can be described as a nuisance. This doctrine still finds its way into property disputes today. One of the very first judge-made doctrines applied to property disputes in the United States, the law of nuisance, was inherited from England. As the population began to grow and urban areas increased, the courts were called upon to resolve property disputes. In the early days of this country, land was abundant and neighbors were distant.

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