Adele and Ivan recently established a trailer park and restaurant, Bril's Grill House, on their property, to supplement their income. Acme Oil Inc. operates a refinery 1.6 miles away from Adele and Ivan's property. The refinery that recently increased its production capacity regularly emits nauseating gases and odors which invade neighboring property and make people sick. This causes potential customers to stay away from Bril's Grill House. Acme disregarded Adele and Ivan's pleas to abate emitting the noxious odors. Under these circumstances, Adele and Ivan _____.
A) can bring an action for private nuisance for damages and to enjoin Acme from emitting the odors
B) cannot sue for public nuisance because private parties can never sue for abatement of public nuisance
C) do not have a cause of action
D) can sue for public nuisance as Acme is committing an illegal act

Question

Quizplus · Accepted Answer

Under these circumstances, Adele and Ivan can bring an action for private nuisance for damages and to enjoin Acme from emitting the odors. Nuisances may be private or public. To bring a private nuisance action, the plaintiff must be a landowner or occupier whose enjoyment of his own land is substantially lessened by the alleged nuisance. The remedies for private nuisance include damages and injunctive relief designed to stop the offending use.

Adele and Ivan Recently Established a Trailer Park and Restaurant