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3.9-26  Public or Private Nuisance - Control

Revised to January 1, 2008

In order for the defendant to be liable for nuisance, the plaintiff must prove that the defendant exercised control over the property that is the source of the nuisance.  This requires you to consider all of the factors which may indicate control.  It is not merely a question of who owned the property, but who exercised the functions necessary to prevent the nuisance from occurring.

The question of whether the defendant maintains control over property sufficient to be liable for the nuisance is a question for you to answer based on all the evidence.

Authority

State v. Tippetts-Abbett-McCarthy-Stratton, 204 Conn. 177, 184-85 (1987); New London Federal Savings Bank v. Tucciarone, 48 Conn. App. 89, 98-99 (1998).
 


 

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