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MMLU / A man and a woman are adjoining homeowners in a residential neighborhood. The…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A man and a woman are adjoining homeowners in a residential neighborhood. The man begins to operate a slaughterhouse in his backyard. The putrid smell from the slaughterhouse travels over the woman's property. The woman and her family members find the odor to be foul and nauseating. As a result of the man's slaughterhouse, the value of the woman's property was diminished by 20 percent, and the woman incurred expenses for prescription drugs to treat her family's nausea. There is no applicable zoning ordinance preventing the man's slaughterhouse operation. The woman has asserted a nuisance action against the man. The complaint seeks recovery for damages and injunctive relief enjoining operation of the slaughterhouse. The court should

choices

  1. award damages, but not grant injunctive relief.
  2. grant injunctive relief, but not award damages.
  3. grant injunctive relief and award damages.
  4. neither award damages nor grant injunctive relief, because there was no violation of any ordinance.

subject

professional_law

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Source and history

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