Haynes v. Haas
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In this nuisance action, the Supreme Court vacated the circuit court's final judgments and the intermediate court of appeals' (ICA) judgment affirming in part, holding that the ICA erred by concluding that damages are not recoverable for common-law public nuisance actions absent a statute designating the activity as a public nuisance.
Plaintiffs alleged that by allowing individuals to live in one of its storage units in violation of land use and public health laws Allied Storage property maintained a public nuisance and that Chung Partners, as a lesser/sub-lessor of the property, had a duty not to maintain the nuisance on the property. The circuit court granted Defendants' motions for summary judgment. The ICA affirmed, holding that Plaintiffs were foreclosed from recovering damages as a matter of law in the absence of a statutory duty. The Supreme Court reversed and remanded the matter for further proceedings, holding that, as a matter of law, a claim for common-law public nuisance is cognizable when the plaintiff has suffered individualized harm.
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