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13 <br />constitute an obstruction of public rights. Such nuisances always arise out of unlawful acts." <br />State v. Everhardt, 203 N.C. 610, 617, 166 S.E. 738, 741 -42 (1932). <br />To constitute a public nuisance, the condition of things must be such as injuriously <br />affects the community at large, and not merely one or even a very few <br />individuals.... Whatever tends to endanger life, or generate disease, and affect the <br />health of the community; whatever shocks the public morals and sense of decency; <br />whatever shocks the religious feelings of the community, or tends to its <br />discomfort-is generally, at common law, a public nuisance, and a crime. <br />Twitty v. State, 85 N.C.App. 42, 49, 354 S.E.2d 296, 301 (N.C.App.1987), citing Everhardt, 203 <br />N.C. at 618, 166 S.E. at 742; see also Restatement (Second) of Torts § 82IB. <br />Critical circumstances, any one of which can create a public nuisance, include: <br />• significant interference with public health, safety, peace, comfort, or convenience, <br />• conduct contrary to a statute, ordinance, or regulation, or <br />• conduct in which the defendant continues to engage despite knowing, or having reason <br />to know, of significant impairment of the public's rights. <br />See Restatement (Second) of Torts § 821B. <br />The opioid distributors have violated each of these tenets, as they have severely infringed <br />public rights and interests, ensured continual circumvention of state and federal laws, and <br />persisted in this conduct despite being aware of the terrible consequences. Those allegations state <br />a public nuisance claim under North Carolina law. <br />3. Available Relief <br />Under North Carolina law Counties may seek injunctive relief in order to abate the opioid <br />epidemic as a nuisance, including requiring the wholesale distributors to forfeit income earned <br />through their unlawful activity. <br />Upon judgment against the defendant or defendants in legal proceedings brought <br />pursuant to this Article, an accounting shall be made by such defendant or <br />defendants of all moneys received by them which have been declared to be a <br />nuisance under this Article. An amount equal to the sum of all moneys <br />estimated to have been taken in as gross income from such unlawful <br />commercial activity shall be forfeited to the general funds of the city and <br />North Carolina County Opioid Litigation - Privileged and Confidential 10 <br />