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 use and safety always take priority; Ergonomics must be closed down. b. Ergonomics was there first and there cannot be any finding of a nuisance as a result. c. A smell does not rise to the level of a nuisance. d. The residential property owner and developer have moved to the nuisance and remedies vary.

Answer 1

Answer:

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

Explanation:

In the case above, the residential properties were developed in the area after Ergonomics had operated for about 32 years and not prior to that. However the nuisance and pollution Ergonomics may cause the residents of the area, it would not amount to the relocation of the former as it could be reasoned that the area could have easily become an industrial area since the plant had long began operation before the residential development. Therefore a varied remedy to the situation in the area would be considered.