Moore v. Steve's Outboard Service

González, J.

¶1 This case asks us to examine the nature of a nuisance per se claim. Generally, those alleging that their neighbors’ activities are a nuisance must prove that the activities are, on balance, unreasonable and cause some inconvenience, discomfort, or interference. When, however, an activity is a nuisance per se, plaintiffs need not show that the activity is also unreasonable. Here, the plaintiffs sued their neighbors, arguing, among other things, that the noise, smoke, fumes, and traffic associated with a small motor repair shop was in effect a nuisance in fact and that their…