Here in the North Country, a large number of people have purchased and installed

Question

Here in the North Country, a large number of people have purchased and installed the outdoor furnaces which tend to spew out a lot of smoke. The idea behind them is that they are much cheaper to operate than a typical furnace.  If you are not familiar with them, take some time on the internet an look up "outdoor wood furnaces." You will likely see clean looking furnaces that look like little outdoor sheds with testimonials about how clean burning they are. Then look up "nuisance outdoor wood furnaces." You will likely see pictures of smoke enveloping neighbors' homes.

Let's say you are living in a village in upstate New York which does not have a zoning ordinance about these furnaces. Your neighbor Bob buys one and it turns out to be one of the smokers rather than a clean burning one. Your house is covered by smoke all winter, and you are coughing and wheezing, as are your surrounding neighbors. However, Bob is happy because his heating bills are down. When his neighbors ask him to stop using the outdoor furnace he declines.

You complain to the village government but are told that there is no zoning law that prevents Bob from using the furnace. Do you have a cause of action against Bob for nuisance and/or trespass?

Is this a private or a public nuisance?

Explanation / Answer

This is a public nuisance created by Bob. As the smoke of the furnace is not the matter for a single person, it is creatig problem for the whole locality. The smoke from the furnace is disturbing every neighbor of Bob and so on the complaint for neighors Bob can be sued for this. Because no law say that for improving your lifestyle you need to spoil the lifestyle of others.

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