8. Peter has owned property in a relatively undeveloped area near the top of Big Rock Mountain for many years. Six years ago, Cellular Company erected a cell phone transmission tower on Big Rock Mountain not far from Peter's property. Four years ago, Peter built a cabin on his property and began to spend most of his free time there engaging in bird watching and other outdoor activities.

Last year, Cellular Company leased space on the tower for an emergency alert siren and agreed to install the siren and to test it regularly. The site was chosen because it allows the siren's warning to carry farther than from any other site. Cellular Company promptly installed the siren. Since its installation, it has tested the siren for a five-minute period weekly. The resulting sound is so loud as to cause Peter to stop whatever he is doing and cover his ears. It also greatly reduces the local bird population.

Two months ago, Peter sent a letter to Cellular Company outlining the effects of the siren and demanding that it cease its activities. Cellular Company has not responded to Peter's demand. Which of the following statements is most accurate?

Question 8 options:

a)

Peter's nuisance claim will fail because despite the fact that the siren interferes with his use and enjoyment of his land, the siren is a benefit to the public and by testing the siren weekly for five minute intervals the Cellular Company ensures the siren works in case of an emergency; further the location ensures the siren's warning reaches farther than from any other site.

b)	Peter can bring a nuisance claim against Cellular Company because the sound of the siren is so loud as to cause Peter to stop whatever he is doing and cover his ears. It also greatly reduces the local bird population and thus also interferes with the use and enjoyment of his land for bird watching.

c)	Peter's nuisance claim will fail because by building his cabin after the Cellular Company erected a cell phone transmission tower on Big Rock Mountain, he came to the nuisance.

d)	Peter cannot bring a nuisance claim against Cellular Company unless the Attorney General in his state supports his position.