Does a party who is injured by maintenance of a nuisance need to seek abatement of the nuisance, but may sue for damages?
California, United States of America
The following excerpt is from Baker v. Burbank-Glendale-Pasadena Airport Authority, 149 Cal.App.3d 872, 197 Cal.Rptr. 357 (Cal. App. 1983):
7 In this state a party injured by maintenance of a nuisance need not seek abatement thereof, but may sue for damages. (McIvor v. Mercer-Fraser Co. (1946) 76 Cal.App.2d 247, 254, 172 P.2d 758.)
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