Acme Blasting Company, LLC has operated an aggregate mine in eastern Chatham County for 50 years. When it began operation, there was no county zoning around the mine. As metropolitan Raleigh has grown westward, Chatham County has undergone comprehensive planning to ensure that land use has become more compatible with investment.

Through a series of public hearings, Chatham County passes a revised Unified Development Ordinance, designating the area around the mine as residential, which severely restricts small business activity and allows no light or heavy industrial activity. Over the years, the area around the mine fills in with residential development.

In order to access more material for its aggregate product, Acme plans to dynamite a portion of its mining area. After the first blast, a large chunk of rock flies through the air and injures Heisenberg, who is sitting by his pool in the backyard of his new home in a new development nearby.

Heisenberg sues Acme for his injuries. Acme defends itself that it followed all regulations and operated in a safe manner.

What is best described result below?

Select one:

a.

Heisenberg wins if he can establish that blasting aggregate cannot be done in a safe manner, is no longer common to the area, and was otherwise unsuited to the area, and his injuries are severe.

b.

Heisenberg wins only if he can establish that Acme was negligent in its operation

c.

Acme wins if it proves that it followed regulations.

d.

Acme wins because it is, for zoning purposes, an allowable non-conforming use according to the Unified Development Ordinance.

Continue facts from the previous question with the following modifications.

Assume that Acme, by regulation with certain restrictions and as a non-conforming use in the area zoning overlay, is allowed to continue mining its site, which includes blasting.

Heisenberg, at first tolerant of the noise, eventually grows tired of it and files a nuisance action against Acme.

What best describes the outcome below?

Select one:

a.

Heisenberg wins, but only if he can prove that Acme's uses its land is an unreasonable manner and causes substantial harm to his right of quiet use and enjoyment of his land

b.

Heisenberg wins, but only if he can prove that Acme is violating the regulations placed on its activities.

c.

Acme wins if it proves it is complying with regulations.