Venuto v. Owens-Corning Fiberglas Corp. - 22 Cal. App. 3d 116, 99 Cal. Rptr. 350 (1971)

Rule:

Where the nuisance alleged is not also a private nuisance as to a private individual he does not have a cause of action on account of a public nuisance unless he alleges facts showing special injury to himself in person or property of a character different in kind from that suffered by the general public. Under this rule the requirement is that the plaintiff's damage be different in kind, rather than in degree, from that shared by the general public.

Facts:

Plaintiff citizens filed a second amended action against defendant manufacturing plant for public nuisance. Plaintiffs alleged that the emissions from the plant polluted the air, thereby obstructing the public view of the hills and injuring the health of the citizens. Defendant demurred to the action and the demurrer was sustained with prejudice. Plaintiffs appealed. 

Issue:

Did the plaintiffs sufficiently show special injury to themselves different in kind from that suffered by the general public, which would warrant relief in their favor? 

Answer:

No.

Conclusion:

The court affirmed the judgment. The court held that although plaintiffs pleaded facts sufficient to support a public nuisance and pleaded facts justifying an injunction under Cal. Civ. Proc. Code § 731(a), plaintiffs alleged nothing more than an interference with their view by the emissions from defendant's plant. The court explained that this did not bring plaintiffs' case within the purview of the line of cases which granted relief from activities that disturbed or prevented the comfortable enjoyment of property because they produced smoke, dust, or odors.