permanent nuisance
Defined in 2 dictionaries — Case Law, Ballentine's (1916)
Definitions from Case Law
From 289 U.S. 334 - City of Harrisonville Mo v. W S Dickey Clay Mfg Co · 1933Most cited · 432 citing opinions
This nuisance has at all times been removable by the device of secondary treatment of the sewage. It may be hereafter abated at any time by the state health authorities requiring such treatment. The city may itself conclude that this should be done in the public interest, financial, or otherwise. Being so terminable, pollution of the creek cannot be deemed to be a permanent nuisance as of the date of the installation of the disposal plant in 1923.
Ballentine's Law Dictionary
James A. Ballentine · 1916
One of such character and existing under such circumstances that it will be presumed to continue indefinitely. See 75 Neb. 838, 5 L. R. A. (N. S.) 486, 106 N. W. 996.