Tort of Private Nuisance In Maine
There is a common law right of nuisance, based upon the holdings in Hanlin Group v. Intern. Minerals & Chemical Corp., 759 F. Supp. 925 (D. Me. 1990) and Saco Steel Co. v. Saco Defense, Inc., 910 F. Supp. 803 (D. Me. 1995).
In Saco Steel, a provider of scrap metal removal and processing services filed suit against a weapons' manufacturer, alleging that the materials bought from the defendant had contaminated the plaintiff's property.
The court dismissed the nuisance portion of that suit, but noted that Maine law recognized "the tort of private nuisance." Id p. 812. the court in Hamlin Group noted that:
"Maine law has recognized a cause of action for a continuing private nuisance. Such an action will lie where the defendant's use of its land causes a continuing injury to the adjoining or neighboring land." Hamlin Group at 935.
The plaintiffs argue that, this language, when reviewed with the footnote referring to actions for damages also provided for by statute, demonstrates that there is a common law right of nuisance independent of 17 M.R.S.A. 2701.