Question
Common Law Remedies Big-Time Building Co. is a home building company that develops residential communities. Odiferous Livestock Co. owns and operates a feedlot in Sunny
Common Law Remedies Big-Time Building Co. is a home building company that develops residential communities. Odiferous Livestock Co. owns and operates a feedlot in Sunny Valley. (A feedlot is an animal feeding operation used for raising livestock---usually beef cattle--- prior to slaughter.) Big-Time purchased 20,000 acres of land in Sunny Valley and began building and selling homes. While Big-Time is building the homes, Odiferous expands its feedlot business. Eventually, only 500 feet separate the two. Big-Time finds it difficult to sell the homes in its development because of the odor and flies coming from the feedlots. Big-Time wants to prevent Odiferous from operating its feedlot in the vicinity of the home development.
(a) Under what common law theory would Big-Time file a lawsuit to seek the remedy of "injunction"?
(b) If the court determines that Odiferous is the core of the local economy, what might the court do rather than ordering an injunction?
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