125 Balance

"125 to balance the utility of the defendant’s conduct with the gravity of the harm. Sec. 826, Restatement (Second) of Torts (1977). 11 The defendant urges us to accept the circuit court’s balance as adequate. We decline to do so. interest in the private use and enjoyment of land, and the invasion is either (a) intentional and unreasonable, or (b) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activ ities.” Further, sec. 821F, Restatement (Second) of Torts (1977) provides as follows: There is liability for a nuisance only to those to whom it causes significant harm, of a kind that would be suffered by a normal person in the community or by property in normal condition and used for a normal purpose. 11 The factors involved in determining the gravity of the harm caused by the conduct complained of are set out in sec. 827 of the Restatement as follows: Sec. 827. Gravity of Harm-Factors Involved. In determining the gravity of the harm from an intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important: (a) The extent of the harm involved; (b) the character of the harm involved; (c) the social value that the law attaches to the type of use or enjoyment invaded; (d) the suitability of the particular use or enjoyment invaded to the character of the locality; and (e) the burden on the person harmed of avoiding the harm. The factors involved in determining the utility of conduct complained of are set out in sec. 828 of the Restatement as follows: Sec. 828. Utility of Conduct-Factors Involved."