Carroll v. Absolute Tank Removal, LLC

Perhaps more than any other common-law cause of action, the tort of private nuisance eludes exact definition. A nineteenth century English judge observed that the “cause of action is immersed in undefined uncertainty.” Brand v. Hammersmith & City Railway Co., L.R. 1867 2 Q.B. 223, 247 (Ex. Ch. 1867). More recently, our Supreme Court referred to the law as an “impenetrable jungle . . . .” (Internal quotation marks omitted.) Pestey v. Cushman, 259 Conn. 345, 355, 788 A.2d 496 (2002). Pestey clarifies the law of private nuisance considerably but sends conflicting signals on the question now…