Metal Smelting & FoundryInc's complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the com¬plex night and day. Neal and other residents of an adjacent neighbor¬hood can feel the vibrations of the trains and
trucks, and suffer other ef¬fects from theoperations. Neal and others file a suit against Metal Smelting. Why might the court rule in favor of the defendant?
The court might rule in favor of Metal Smelting, or at least decline to enjoin its operations, on the ground that the hard¬ships to be imposed on Metal Smelting and on the community are greater than the hardships suffered by Neal and the other residents of the nearby neighborhood, despite the pol-lution and noise. The court might deny an injunction if the Metal Smelting plant is the heart of the local economy, for example, and award the resi¬dents only damages.
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