Any person, county, city, village or town may maintain an action to recover damages or to abate a public nuisance from which injuries peculiar to the complainant are suffered, so far as necessary to protect the complainant’s rights and to obtain an injunction to prevent the same.
823.01.Jurisdiction over nuisances.
Ch. 823: Nuisances · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 823.01 lets any person, county, city, village, or town sue to recover damages or abate a public nuisance that has caused injuries peculiar to that complainant, and to get an injunction preventing the nuisance from continuing, to the extent needed to protect the complainant’s rights.
Full Text of Section 823.01
Plain-English Summary
Public nuisances harm the community generally, which usually means the state or a public official is the one to sue over them. Section 823.01 carves out an exception for people and local governments who suffer their own distinct injury from a public nuisance. Any person, or a county, city, village, or town, may bring an action to recover damages or to abate that nuisance, so long as the injury the complainant suffered is peculiar to the complainant and not just the general harm shared by the public at large.
The action can seek two kinds of relief: damages for the injury already suffered, and an injunction to stop the nuisance from continuing. The section ties the scope of relief to what is necessary to protect the complainant’s own rights, keeping the remedy focused on the complainant’s particular injury rather than the nuisance’s broader effect on the public.
Frequently Asked Questions
Can I sue over a public nuisance, or is that only for the government to do?
You can, under Section 823.01, if you suffered an injury from the public nuisance that is peculiar to you and not just the general harm the public shares.
Can a city or village bring this kind of action?
Yes. Section 823.01 lists counties, cities, villages, and towns, alongside individual persons, among those who may maintain an action over a public nuisance causing them a peculiar injury.
What relief can I get under this section?
Damages for the injury suffered and an injunction to prevent the nuisance from continuing, limited to what is necessary to protect the complainant’s rights.
What does “injuries peculiar to the complainant” mean?
It means an injury distinct from the harm the public nuisance causes to the community generally, a private injury specific to the person or municipality bringing the action.
Does this section cover abating the nuisance as well as recovering money?
Yes. Section 823.01 allows an action to recover damages or to abate the public nuisance, alongside injunctive relief.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.01.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: suing over a public nuisance wisconsinprivate injury from public nuisance wisconsinabate a nuisance lawsuit wisconsinmunicipality sue over nuisance wisconsin