What is the test for determining whether a nuisance is a continuing or permanent nuisance?
MultiRegion, United States of America
The following excerpt is from Bartleson v. U.S., 96 F.3d 1270 (9th Cir. 1996):
Baker v. Burbank-Glendale-Pasadena Airport Authority, 39 Cal.3d 862, 218 Cal.Rptr. 293, 297-98, 705 P.2d 866, 870-71 (1985), cert. denied, 475 U.S. 1017, 106 S.Ct. 1200, 89 L.Ed.2d 314 (1986) (citations and footnotes omitted). "Whether a nuisance will be classified as continuing or permanent depends not on the offending party's interest in continuing the nuisance, but on the type of harm suffered." Id. 218 Cal.Rptr. at 297, 705 P.2d at 869.
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