Padilla v. Lawrence.You need evidence that what the property owner is doing violates the law. That is your challenge - not that the dust is unpleasant.
Court of Appeals of New Mexico.
June 7, 1984.
A. The Requirement of Unreasonableness in the Context of a Private Nuisance
A private nuisance has been defined as a non-trespassory invasion of another's interest in the private use and enjoyment of land. Scott v. Jordan, 99 N.M. 567, 661 P.2d 59 (Ct.App. 1983). It is a civil wrong based on a disturbance of rights in land. Jellison v. Gleason, 77 N.M. 445, *968 423 P.2d 876 (1967). The elements of proof depend on whether the conduct is intentional or unintentional. Liability for intentional conduct requires that the conduct be unreasonable. See Restatement (Second) of Torts [hereinafter cited as Restatement § 822(a) (1979).