Can a plaintiff recover law enforcement costs under the guise of damages in a public nuisance action?
California, United States of America
The following excerpt is from Selma Pressure Treating Co. v. Osmose Wood Preserving Co., 221 Cal.App.3d 1601, 271 Cal.Rptr. 596 (Cal. App. 1990):
In County of San Luis Obispo v. Abalone Alliance, supra, 178 Cal.App.3d 848, 223 Cal.Rptr. 846, the court held county authorities could not recoup law enforcement costs under the guise of "damages" in a public nuisance action. The court, however, also quoted Prosser.
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