State v. Michels Pipeline Construction, Inc.

Two issues are raised by this appeal:

1. Does the complaint state facts sufficient to allege a public nuisance?

*2842. Assuming the answer to the first issue is yes, does the complaint state facts sufficient to constitute a cause of action?

Public nuisance.

The defendants assert that the scope of the injury alleged in the complaint here does not constitute a “public nuisance.” They contend that a public nuisance differs significantly from a private nuisance in terms of the nature and scope of the conduct involved and its consequences.

Public nuisance is described in Wood on Nuisances4 as follows:

“Sec.…