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.

Question

Quizplus · Accepted Answer

The principle of "coming to the nuisance" suggests that if someone moves to an area where a nuisance already exists, their ability to claim damages or demand cessation of the nuisance may be limited. In this case, since Ergonomics was established long before the residential development, and the complaints only arose after people moved closer to the plant, the argument could be made that the residents and developers moved to the nuisance. Remedies in such cases can vary, including possible compensation or requirements for mitigation measures by the nuisance-causing entity, but not necessarily cessation of the business operations.

Ergonomics Operates a Plant That Manufactures Plastic Furniture