The Native Title Report 2008 explores some of the legal avenues that are potentially open to the people of the Torres Strait, including the Native Title Act, the Queensland Environmental Protection Act, the tort of negligence, the tort
of public nuisance and international human rights law.
The tort
of public nuisance focuses on an interference with the right to use and enjoy land.
But because this report's constructive criticisms seem to fall largely on deaf ears in Sacramento and in many courthouses around the state, this year's look at the West Coast's perennial Judicial Hellhole will pragmatically limit its focus to an armful of the state's civil injustices, including precedent - defying state supreme court decisions, the Private Attorneys General Act, Prop 65, food and beverage litigation, innovator liability, the California Environmental Quality Act's impact on affordable housing, courts» expansions
of public nuisance law and natural disaster - chasing personal injury lawyers, among others.
Shall Section 11 of Article I (Bill of Rights) of the Constitution of Virginia be amended (i) to require that eminent domain only be exercised where the property taken or damaged is for public use and, except for utilities or the elimination
of a public nuisance, not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation for such taking or damaging of property; and (iii) to prohibit the taking or damaging of more private property than is necessary for the public use?
In this context the Court of Appeal gave some detailed consideration to injunctions in aid of the criminal law, to issues
of public nuisance, and to the ASBO legislation.
Pennsylvania personal injury attorneys might believe they have little, if no interest, in the topic
of public nuisance.
Beyond the well ‑ defined area
of public nuisance litigation, other interventions which are intended to block permits for new fossil energy investments, including both power plants and transmission lines will continue.
That means city inspectors are going to be sending you lots
of public nuisance letters for cleanup.
The Town of Amherst is set to file a lawsuit in State Supreme Court against major manufacturers and distributors of opioid pain medication, accusing the companies
of public nuisance, fraud, negligence and unfair business practices.
Not exact matches
In 2017, the California cities
of San Francisco, Oakland, Santa Cruz, and Imperial Beach, as well as Santa Cruz county, Marin County, and San Mateo County attempted to sue oil majors over climate change damages, citing a theory called «
public nuisance.»
The Irwindale City Council voted Wednesday night to drop a
public nuisance declaration and lawsuit against Huy Fong Foods, makers
of Sriracha hot sauce.
Depending on who you ask, the electric, internet - connected scooters appearing all over California are either the future
of transportation or a
public nuisance on par...
First -
of - their - kind lawsuits filed in five states accuse the defendants
of conspiring, racketeering and creating a
public nuisance.
The influx has sparked plenty
of complaints from residents, who feel the scooters are at best a
public nuisance and at worst a threat to
public safety.
But to breastfeed in
public and to subject others to the
nuisance of your actions, is not only improper — it is also wrong....
Routine spraying for
nuisance mosquito control also may lead to pesticide - resistant mosquitoes, which would be more difficult to control in the event
of a
public health emergency.
The reality is that Andrew Cuomo is a true master
of Albany's dysfunctional political culture in which
public transparency and participation are viewed as
nuisances, and obstacles to actually getting things done.
In the end, the idea was consigned to the pile
of «
nuisance tax» schemes that resulted in
public backlashes, such last year's plan to raise license plate fees.
Gonzalez said that any cases where the use
of marijuana does not create a «
public nuisance» will not be prosecuted.
They may not accept their fate and run around in circles, spiralling themselves out
of control; but once their sad fate is determined and sealed, they become a
public nuisance.
The 11 different taxes on petroleum products in the country have sparked calls on the government and other stakeholders to eliminate some
of them, described by a section
of the motoring
public as falling in the category
of nuisance taxes.
Rarely is there a strict definition
of what constitutes «
public nuisance», and the behaviours that can be prosecuted under it can vary with time, as what society accepts can change.
He was naked throughout his court case in Southwark crown court London, where he was found not guilty
of being a
public nuisance.
«What is a
nuisance for rich - country researchers (constant emails) is a major corruption for developing - country science — a corruption
of the legitimate and vital open - access publishing model and a corruption
of the vast funds, much
of which are
public, invested in global health research.
But as the history
of graffiti art has shown, there's a fine line between sophisticated
public art and irritating
public nuisance.
«We know alcohol outlets can be associated with unsafe
nuisance activities in urban areas, but this study appears to be the first to suggest U.S. tobacco shops may also impact
public health,» said Andrew Subica, Ph.D., an assistant professor
of social medicine, population, and
public health in the School
of Medicine, who led the study that focused on South Los Angeles, Calif. «Our analyses show that in South Los Angeles tobacco shops as well as liquor stores were associated with high levels
of violent and property crime around their locations.
«Even though tobacco shops have rarely been targeted by the police or community for intervention,» he added, «based on our data, we believe tobacco shops in urban communities
of color should be regulated to improve community health in the same way as alcohol outlets and other
public nuisances.»
The administration said fraud on dating sites was a «
public nuisance to millions
of users, especially young people».
When it worked, it improved examination results and also impacted on reducing community disorder, neighbourhood
nuisance, the number
of NEETS (young people Not in Education, Employment, or Training), and saved the
public money that would otherwise have been spent for many years on students who were now employable and would become net contributors.
Charters promised high student achievement and college - and - life - preparedness, but were new, largely untested, and, to some, «a
nuisance;» a departure from the status quo that «didn't quite fit the rules
of how our relationship with
public schools operated,» explains Rebecca.
The Environmental
Public Health Act states that guide dogs may be allowed into all areas
of food establishments, including the toilet and dining areas, as long as they are well - behaved, not causing any
nuisance, and are leashed.
Any animal, suffered or permitted to be at large, or otherwise to be within the City in violation
of the provisions
of this Title, is declared to be a
public nuisance.
Any animal, domesticated or otherwise, which in the opinion
of the Animal Control Supervisor or designated animal control officer has a propensity towards viciousness or ferocity, and has shown a capacity for attacking persons, animals or property, may be declared a
public nuisance by the Animal Control Supervisor or designated animal control officer.
The City, or any resident thereof, in his or her own name, may maintain an action in equity to abate such
nuisance and to enjoin the owner
of such animal from permitting it to remain a menace to the
public.
Upon the granting
of equitable relief, in whole or in part, by a court
of competent jurisdiction, the owner
of an animal determined to be a
public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action.
It is hereby declared to be a
public nuisance, and it shall be unlawful for any person to keep, maintain or permit upon any lot or parcel
of land under her or his control, any animal which, by any loud, unnecessary or repeated barking, sound, cry or other noise, shall unreasonably disturb the peace and comfort
of any neighborhood.
Despite this, dogs remain heavily regulated: they must be licensed with local authorities, they can not go in
public places without a leash (if at all), they must be vaccinated against rabies, you canâ $ ™ t live with more than a small number
of them, animal control officers can seize and destroy them if they determine that they are a
nuisance, and the threshold
of making a determination that they are dangerous and subject to extermination puts dogs at a disadvantage, even when the facts show otherwise.
«Most live wonderful lives, being useful and having a job and no longer a «
nuisance» to some member
of the
public who decided to trap a feral cat and take it to the local shelter.»
Before the test is administered, owners sign the Responsible Dog Owners Pledge by which the owner agrees to meet their dog's health, safety, exercise, training and quality
of life needs as well as cleaning up after their dog in
public places and never allowing their dog to become a
nuisance.
Whether you consider them a
public nuisance or a furry family
of neighbors, it takes a community to manage our community cats.
In 2003, a study conducted by the county on the ban's effectiveness noted that «
public safety is not improved as a result
of [the ban],» and that «there is no transgression committed by owner or animal that is not covered by another, non-breed specific portion
of the Animal Control Code (i.e., vicious animal,
nuisance animal, leash laws).»
I read the code and the only thing I can find is... «Feral cats, and feeding or maintaining feral cats, within the city are hereby declared to be
public nuisances, and a violation
of this chapter, except for feeding or maintaining by an authorized feral cat care organization».
For example, the city
of New York has an existing Pooper Scooper Law that requires pet owners to prevent their pets from committing any
nuisance on any
public area.
Several
of these animals were found dead in their own yards... killed by a psychopath... with warning notes about
nuisance barking and
public excrement.
The Animal Control Division provides animal control services to all residents
of El Segundo by handling and investigating all animal complaints,
public nuisances and enforcing animal related laws including licensing requirements, animal abandonment and prosecutions for animal cruelty.
The goals
of the Animal Control Division are to provide quality services to the citizens
of Grass Valley and Nevada City by providing protection for themselves and their property from the dangers and
nuisances caused by stray animals, to protect pets from the cruelty they may face from irresponsible citizens, and to educate the
public in the responsibilities
of pet ownership, animal control, care and welfare.
Any animal control officer in pursuit
of any animal not restrained may follow the animal onto private property to seize the animal if the animal is, in the judgment
of the animal control officer, deemed a
nuisance or a threat to
public health and / or safety.
The director shall carry out the duties and responsibilities set forth in this Act, and is empowered to enforce the provisions
of this Act, including but not limited to
public safety,
public nuisance, prevention
of cruelty to animals, and requiring minimum standards for animal care.
In 1997, the City Council revised the animal control ordinance to: require licensing
of cats and dogs; require a kennel permit for more than four cats or four dogs; regulate the number
of animals that may be adopted from the city shelter; define animal cruelty and animal
nuisance; and give city officials authority to control potential
public health threats.
All
of that is covered by other laws... disturbing the peace, various
public nuisance ordinances, leash laws and the like.