Cheeseman Farms has been operating a cattle farming system for 25 years. When Cheeseman Farms first began operations, the nearest residential town was 20 miles away. Today, through growth of the surrounding community, residential homes are within 5 miles of the farm. Urban Growth Development, a residential developer, sought and was granted permission to build homes within 0.5 mile of the farm. During construction of the residential homes by Urban Growth Development, flies and the odor emanating from the farm have become prevalent at the site. Urban Development is concerned that this will hinder its ability to sell the homes and at a minimum will significantly reduce the price of the homes. It has sought to file a lawsuit against Cheeseman Farms for being a nuisance.  

 

Is Urban Growth Development entitled to a nuisance claim? Explain