In Atkinson v.City of Pierre,Atkinson sued the city for not taking action to force an ice-making plant next to her apartment building to make less noise.Her suit claiming nuisance resulted in a decision by the high court of South Dakota which held that:
A) the city failed to follow its own noise ordinances by allowing a public nuisance
B) the city had no obligation in the matter,as it was a private nuisance,so she would have to sue the ice-making plant owner
C) there was insufficient evidence of either a public or a private nuisance
D) the noise constituted a trespass in her apartment,so she was due damages from the ice-making plant owner
E) none of the other choices
Correct Answer:
Verified
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