posted by mindfreak on .
CASE PROBLEM: Moonbay is a home-building corporation that primarily develops retirement communities. Farmtex owns a number of feedlots in Sunny Valley. Moonbay purchased 20,000 acres of farmland in the same area and began building and selling homes on this acreage. In the meantime, Farmtex continued to expand its feedlot business, and eventually only 500 feet separated the two operations. Because of the odor and flies from the feedlots, Moonbay found it difficult to sell the homes in its development. Moonbay wants to enjoin (prevent) Farmtex from operating its feedlot in the vicinity of the retirement home development. Under what common law theory would Moonbay file this action? Has Farmtex violated any federal environmental laws?
This popped up on google when I searched "common law theory nuisance" . So did lots of other similar links.
I do not know if the farm broke environmental regulations. Probably, crossing the street seems to break several, but I do not know of any particular one. You would probably find they are damaging wetlands if you went and looked.:
" Nuisance is a common law tort. It is one of the oldest causes of action known ... In theory, the permanent damage amount should be the net present value of ... "