I. [§ 3.103] Private Nuisance—Injunctive Relief and Damages

• Jurisdiction: Maryland

I. [§ 3.103] PRIVATE NUISANCE—INJUNCTIVE RELIEF AND DAMAGES

John Smith resides at 3502 Chapel Road in Baltimore City, Maryland, in a semi-detached home. Recently, his next door neighbor sold his adjoining home to George Harris. Harris played his stereophonic equipment at the highest possible volume every night after 11:30 p.m. while Smith was sleeping. The noise continuously disrupted Smith's sleep. Smith instituted suit against Harris for nuisance.

VERIFIED COMPLAINT

Private Action for Nuisance

John Smith (hereinafter "Smith"), Plaintiff, by his attorneys, Lars P. Olsson and Olsson & Olsson, P.A., sues George Harris (hereinafter "Harris"), Defendant, and states:
1. Plaintiff Smith is a resident of 3502 Chapel Road in Baltimore City, Maryland.
2. Defendant Harris is a resident of 3504 Chapel Road in Baltimore City, Maryland.
3. The residences of the parties are semi-detached homes. Each residence is divided by a common wall.
4. Defendant Harris became the owner of his residence on or about January 1, 2022. Plaintiff Smith has resided in his home for the past fifteen years.
5. Since February 2022, Defendant Harris has played his stereophonic equipment almost every night from about 11:30 p.m. until 4:30 a.m.
6. The conduct of the playing of the stereophonic equipment at the hour it is played and at the noise level it is played is unreasonable.
7. The playing of the stereophonic equipment at the times and noise level it is played causes substantial and unreasonable interference with Plaintiff Smith's use and enjoyment of his home.
8. The noise made by the operation of the stereophonic equipment produces strong vibrations and jarring motions, which shake Plaintiff's home.
9. The interference is so substantially unreasonable that Plaintiff has suffered a diminution in the use of his property.
10. Plaintiff is unable to sleep at night, has become ill from lack of sleep, and has been criticized by employers for not fulfilling his responsibilities at work. The failure to fulfill responsibilities at work results from Plaintiff's tiredness and ill health caused by the conduct of Defendant Harris.
11. Defendant Harris's conduct of operating his stereophonic equipment in the manner described constitutes a nuisance.
12. Defendant's conduct is unreasonable and imposes immediate, substantial, and irreparable injury upon Plaintiff. Such injury will continue to result before an adversarial hearing can be conducted. No adequate remedy at law is available to Plaintiff, who would be forced to institute a multiplicity of lawsuits to recover for the continuing harm caused by the nuisance. The benefits to Plaintiff in obtaining an injunction are equal to or outweigh the potential harm which Defendant would incur were the injunction granted. The public interest is best served by granting the requested injunction. Plaintiff is likely to succeed on the merits of the case.
13. As a result of the nuisance, Plaintiff has suffered deprivation of sleep and other injuries proximately caused by the nuisance, including headaches, illness, mental distress, and an inability to perform his duties at work.
WHEREFORE, Plaintiff demands the following relief:
1. That this Court issue a temporary restraining order, interlocutory injunction and final injunction requiring Defendant Harris to abate the nuisance; and
2. Judgment against Defendant Harris for compensatory damages in excess of Seventy-Five Thousand Dollars ($75,000), with interest and costs.
I solemnly affirm under the penalty of perjury that the contents of the foregoing Complaint are true to the best of my knowledge, information and belief.

__________
John Smith
Plaintiff

__________
Lars P. Olsson
AIS No. 0123456789
Olsson & Olsson, P.A.
Bank of America Building
10 Light Street
Baltimore, Maryland 21202
Phone: (410) 555-1234
Fax: (410) 555-1235
Email: LOlsson@OlssonLaw.com

Attorneys for Plaintiff

COMMENT

A detailed, scholarly history and analysis of the law of nuisance in general, and private nuisance in particular, is set out in Wietzke v. Chesapeake Conference Ass'n, 421 Md. 355, 26 A.3d 931 (2011).

Nuisance is "one of the most ancient concepts in the Anglo-American common law," existing at least as far back as 1066 A.D. David A. Thomas, Thompson on Real Property § 67.01, at 111 (2d ed., 2010 Supp.). The doctrine was originally conceived to protect

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