Question

Ergonomics operates a plant that manufactures plastic furniture. Residents complain that the smell from the plant is like inhaling chlorine bleach. Ergonomics located its plant in the area in 1967. Residential development near the plant began in 1999. The houses have grown closer and closer to the plant. The owners and the developer of the residential projects near Ergonomics have filed suit against Ergonomics for creating a public nuisance. a. The residential property owner and developer have moved to the nuisance and remedies vary. b. The residential property use and safety always take priority; Ergonomics must be closed down. c. Ergonomics was there first and there cannot be any finding of a nuisance as a result. d. A smell does not rise to the level of a nuisance.

Answer 1

Answer:

a. The residential property owner and developer have moved to the nuisance and remedies vary.

Explanation:

Ergonomics was in the area(1967) before the residential properties or projects(1999) came about. Therefore the residential occupants could be said to have moved into the nuisance, knowing full(not being aware not an excuse however) well that Ergonomics was operation in the same area. They would based on this get a different remedial result from a law suit that would only based on consideration for safety of residential occupants of the area.