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 been built 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. Which conclusion is true?
A) Ergonomics was there first and there cannot be any finding of a nuisance as a result.
B) The residential property owner and developer have moved to the nuisance, so remedies vary.
C) The residential property use and safety always take priority; Ergonomics must be closed down.
D) A smell does not rise to the level of a nuisance.
B
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