Resource Mining Company's (RMC) complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the complex night and day. Sam and other residents of an adjacent neighborhood can feel the vibrations of the trains and trucks, and suffer other effects from RMC's operations. Sam and others file a suit against RMC. Why might the court rule in favor of RMC?

What will be an ideal response?


The court might rule in favor of RMC, or at least decline to enjoin its operations, on the ground that the hardships to be imposed on RMC and on the community are greater than the hardships suffered by Sam and the other residents of the nearby neighborhood, despite the pollution and noise. The court might deny an injunction if the RMC plant is the heart of the local economy, for example, and award the residents only damages.

Business

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