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Egghead, Inc. has owned and operated an egg farm in the same location in Cornfield County, Georgia since 1 9 7 2 . EIs farm
Egghead, Inc. has owned and operated an egg farm in the same location in Cornfield County, Georgia since EIs farm is one of the largest egg farms in the area and employs numerous people in the surrounding community. Ole Factree purchased a home onequarter mile from the egg farm in January In June Factree discovered that smells emanating from the egg farm, when combined with the summer heat, were unbearable. Furthermore, Factrees property was invaded by large swarms of flies and vermin originating from EIs farm. The smells, flies and vermin were directly attributable to EIs failure to adequately remove chicken manure from under its hen houses. Factree complained to EI in July but EI failed to take any action to remedy the problem. The problem subsided with the coming of winter but returned this past summer. Factree renewed his complaints to EI but EI failed to respond. What legal theories could Factree utilize if he were to initiate litigation against EI with respect to its operation of the egg farm?A public nuisance onlyB. private nuisance onlyC. private nuisance and trespassD. negligence only
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