HB2167

THE CONTEXT: Current law allows the county attorney, the Attorney General or the city attorney to bring an action in superior court to abate, enjoin and prevent public nuisance. It is a public nuisance for anything: 1) to be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons; and 2) to unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park...

WHAT THE BILL DID: The final vetoed version would designate the AG as liable for damages to any person who is injured, if the AG files a public nuisance action or consumer fraud action, if: a; the nuisance or fraud action is: i; dismissed by the court; or ii; found to not have merit; and b; the AG either: i; knew or should have known that the nuisance or fraud action lacked sufficient legal or factual basis; or ii; publicized the filing of the nuisance or fraud action, mandate damages awarded pursuant to this act include reasonable attorney fees and the costs of litigation, and allow damages to include lost sales and business, lost profits and loss in business value.

WHY IT MATTERED: The practical reason for this bill was to make the government process for attorney general more definite and accountable. It would designate the AG as liable for damages to any person who is injured, if the AG files a public nuisance action or consumer fraud action, if: a. the nuisance or fraud action is: i. dismissed by the court; or ii. found to not have merit; and b. the AG either: i. knew or should have known that the nuisance or fraud action lacked sufficient legal or factual basis; or ii. publicized the filing of the nuisance or fraud action, and would also mandate damages awarded pursuant to this act include reasonable attorney fees and the costs of litigation, rather than leave the current rule unchanged.