Monica Picco v. Town of Voluntown

Summary

The court held that a municipality is liable for a public nuisance under the governing statute only when its positive acts create or participate in creating the nuisance. Because the plaintiffs alleged only that the defendants knew of a naturally dangerous tree and failed to remove it, their nuisance claims were legally insufficient, and the trial court properly granted the motions to strike. The court also held that the environmental-nuisance decision relied on by the plaintiffs did not apply to claims brought solely under the governing statute.