
The Davises reside in a house located on four acres of property,property zoned for low-density residential or agricultural use.In 2004,the property across the highway from the Davises was rezoned for heavy industrial use.Toyo Tire began building a tire manufacturing and distributing facility on 260 acres located across the highway from the Davises.Since Toyo began operating in 2006,it has expanded 3 times,growing from 400 employees and production of 3,000 tires per day to a planned fourth expansion to 1,450 employees and production of 13,500 tires per day.The plant operates 24 hours per day in two 12-hour shifts.
The Davises experienced the problems of loud noises,bright lights,black-dust emissions,and traffic from employees and delivery trucks.An appraiser determined that the presence and growth of the plant reduced the value of the Davises' property by 35-40%,with an additional 15% reduction for the black dust.
The Davises:
A) have no remedy because they moved to the nuisance.
B) cannot obtain an injunction because they are alone in being affected.
C) will need to establish something more than noise and dust to establish a nuisance.
D) none of the above
Correct Answer:
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