What is Nuisance Per Se?
A nuisance per se is something that is a nuisance at all times and under all circumstances. In order to show that a proposed structure or facility will be a nuisance per se, you must show that there is no way to construct the new structure that will not interfere with your use and enjoyment of your own property. For example, if the proposed building or facility will cause constant and pervasive noise, odor, dust, or other forms of annoyance that cannot be avoided, it may be a nuisance per se.
