Under what condition can a neighbor sue for public nuisance?

In the context of public nuisance, a neighbor can sue when they can demonstrate unique injury. This means that the neighbor has suffered a harm that is distinct and different from the general public. Public nuisance laws are designed to protect the rights of the community and address activities that interfere with the public's rights, such as blocking access to public spaces or causing widespread harm.

However, when it comes to bringing a private lawsuit in response to a public nuisance, the affected individual must prove that they are uniquely harmed, rather than simply a part of the larger community that is also impacted by the nuisance. This can include specific damages to property, personal health issues, or other types of harm that set the individual apart from others in the area.

Financial damages alone, the location of the nuisance, or compliance with zoning laws do not automatically provide standing for a neighbor to sue for public nuisance. Therefore, the requirement of unique injury is crucial for establishing the right to bring a lawsuit in such cases.