KRS 411.550: Determination of private nuisance.

(1) In determining whether a defendant's use of property constitutes a private nuisance,

the judge or jury, whichever is the trier of fact, shall consider all relevant facts and

circumstances including the following:

(a) The lawful nature of the defendant's use of the property;

(b) The manner in which the defendant has used the property;

(c) The importance of the defendant's use of the property to the community;

(d) The influence of the defendant's use of property to the growth and prosperity

of the community;

(e) The kind, volume, and duration of the annoyance or interference with the use

and enjoyment of claimant's property caused by the defendant's use of

property;

(f) The respective situations of the defendant and claimant; and

(g) The character of the area in which the defendant's property is located,

including, but not limited to, all applicable statutes, laws, or regulations.

(2) A defendant's use of property shall be considered as a substantial annoyance or

interference with the use and enjoyment of a cla imant's property if it would

substantially annoy or interfere with the use and enjoyment of property by a person

of ordinary health and normal sensitivities.