3.9-25 Public or Private Nuisance -
Revised to January 1, 2008
In order to find a municipality liable
for damages for nuisance, the plaintiff must prove that the municipality both
created and maintained the condition.
B. Intentional Failure to Act
A municipality is liable for a public
nuisance that it intentionally creates through its prolonged and deliberate
failure to act to abate that nuisance.