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Fact Pattern After twenty-five years of dutiful service working at the New York State Department of Motor Vehicles complaint hotline, Aurelia decided to take an
Fact Pattern After twenty-five years of dutiful service working at the New York State Department of Motor Vehicles complaint hotline, Aurelia decided to take an early retirement and move to a rural location in upstate New York. Her years of listening to people complaining all day made her yearn for a quieter and more peaceful lifestyle-preferably one where she could go days at a time without seeing and/or hearing from another human being. It took her three months of searching, but Aurelia finally found a small house in Hamilton County (i.e., New York State's least populous county) that met all her expectations. The house was located in the remote township of Turtle Field. It was six miles away from the nearest neighbor, and a good thirty miles away from the nearest highway. Additionally, the only roads leading to the house were dirt roads, thus it was highly unlikely that Aurelia would ever need to worry about any unexpected visitors knocking on her door. In addition to all these "perks," the house was located in an unbelievably beautiful setting. Perched on top of a small hill, the house had a stunning view of the surrounding country, which included multiple small ponds, a stream, a nearby forest and mountains just beyond the forest. This was precisely the type of location Aurelia needed to inspire her to once again pursue her love of painting, which is something she had neglected for so many years. In fact, the plants and berries that were growing wild on the property surrounding the house could be used by Aurelia to make homemade watercolors for her paintings Excited by the idea of living in this house, Aurelia made an offer on the spot. Three months later, Aurelia closed on the house, and subsequently moved in with her three newly adopted guard dogs-who, frankly, did anything but actually guard the house. For well over a year, Aurelia and her three dogs enjoyed a peaceful life in the house. Aurelia even began to paint again, and within a few months she was busy making natural watercolors from the wild berries growing in her front yard. Aurelia even began to extract clay from the nearby stream, which she began to use for her new hobby, pottery. All was going well, until one night in early June. Aurelia was sleeping soundly, surrounded by her three dogs. Then, without any warning, Aurelia was jolted awake by the dogs, who were barking at some strange noise coming from outside the house. By the time Aurelia put on her slippers to check out what was going on, the noise had gone away. Aurelia was not certain what this noise was, but she was in no position to go out chasing after it. Since the dogs had settled back down, Aurelia decided to go back to bed. By the time Aurelia woke up the following morning, she had already forgotten about this incident. The next few days were uneventful, but there was another strange incident that took place the following week. Once again, a strange noise was heard coming from outside the house, and once again this noise made Aurelia's dogs go crazy. At the time, Aurelia was in her basement working on some pottery. Without warning, Aurelia's tranquility was suddenly shattered by this noise, as well as by the reaction of her dogs. By the time Aurelia came out form the basement, the noise had gone, seemingly just as quickly and suddenly as it had come. Aurelia spent the rest of the day cleaning-up the mess caused by her dogs, who had been driven into a near-frenzy by this mysterious noise It took another two weeks before the noise came back, but this time Aurelia learned what it was. It was an airplane! Aurelia was in her garden picking berries at the time. The noise came suddenly, as did the nowFact Pattern After twenty-five years of dutiful service working at the New York State Department of Motor Vehicles complaint hotline, Aurelia decided to take an early retirement and move to a rural location in upstate New York. Her years of listening to people complaining all day made her yearn for a quieter and more peaceful lifestyle-preferably one where she could go days at a time without seeing and/or hearing from another human being. It took her three months of searching, but Aurelia finally found a small house in Hamilton County (i.e., New York State's least populous county) that met all her expectations. The house was located in the remote township of Turtle Field. It was six miles away from the nearest neighbor, and a good thirty miles away from the nearest highway. Additionally, the only roads leading to the house were dirt roads, thus it was highly unlikely that Aurelia would ever need to worry about any unexpected visitors knocking on her door. In addition to all these "perks," the house was located in an unbelievably beautiful setting. Perched on top of a small hill, the house had a stunning view of the surrounding country, which included multiple small ponds, a stream, a nearby forest and mountains just beyond the forest. This was precisely the type of location Aurelia needed to inspire her to once again pursue her love of painting, which is something she had neglected for so many years. In fact, the plants and berries that were growing wild on the property surrounding the house could be used by Aurelia to make homemade watercolors for her paintings Excited by the idea of living in this house, Aurelia made an offer on the spot. Three months later, Aurelia closed on the house, and subsequently moved in with her three newly adopted guard dogs-who, frankly, did anything but actually guard the house. For well over a year, Aurelia and her three dogs enjoyed a peaceful life in the house. Aurelia even began to paint again, and within a few months she was busy making natural watercolors from the wild berries growing in her front yard. Aurelia even began to extract clay from the nearby stream, which she began to use for her new hobby, pottery. All was going well, until one night in early June. Aurelia was sleeping soundly, surrounded by her three dogs. Then, without any warning, Aurelia was jolted awake by the dogs, who were barking at some strange noise coming from outside the house. By the time Aurelia put on her slippers to check out what was going on, the noise had gone away. Aurelia was not certain what this noise was, but she was in no position to go out chasing after it. Since the dogs had settled back down, Aurelia decided to go back to bed. By the time Aurelia woke up the following morning, she had already forgotten about this incident. The next few days were uneventful, but there was another strange incident that took place the following week. Once again, a strange noise was heard coming from outside the house, and once again this noise made Aurelia's dogs go crazy. At the time, Aurelia was in her basement working on some pottery. Without warning, Aurelia's tranquility was suddenly shattered by this noise, as well as by the reaction of her dogs. By the time Aurelia came out form the basement, the noise had gone, seemingly just as quickly and suddenly as it had come. Aurelia spent the rest of the day cleaning-up the mess caused by her dogs, who had been driven into a near-frenzy by this mysterious noise It took another two weeks before the noise came back, but this time Aurelia learned what it was. It was an airplane! Aurelia was in her garden picking berries at the time. The noise came suddenly, as did the nowpredictable reaction of her dogs. Within a few seconds, a small, low-flying airplane passed directly over her house. Shocked by what she had just seen, Aurelia dropped the basked containing the berries she had been picking and ran towards her car. A minute later, Aurelia was speeding down the dirt road, her three dogs in the back seat. Aurelia wasn't sure where she was going exactly, but she was heading in the general direction that the plane had been traveling. Within a few minutes, at a distance less than two miles away from her house, Aurelia spotted a sign by the side of the dirt road saying "WELCOME TO TURTLE FIELD NEIGHBORHOOD AIRPORT.' This "airport," for lack of a better word, was hardly Charles-de-Gaulle. There was a large clearing that served as a runway. At the far, Aurelia spotted three small planes parked outside a metallic shed. Presumably, this shed was some type of hanger to service the planes. Aurelia spotted a fourth airplane bouncing its way up the clearing towards the other three planes. No doubt, this was the airplane that had just flown over Aurelia's house. It must have landed a few minutes before Aurelia arrived. Aurelia wanted to get out of the car and start yelling at the pilot, but her dogs in the back seat were already starting to become excited. She knew she had to return home before things got ugly. The next day, Aurelia contacted an official at the Turtle Field Town Hall to ask about the airport. Turns out, the airport had just opened a month earlier. The town had wanted to build a small airport for the past ten years, but they never had the funding or the land to do so. Luckily, a small group of aviation enthusiasts got involved, and they reached out to investors to fund the project. Since the airport would only serve light aircraft, there was no need for a paved runway. The airport only needed a small building to store equipment and fuel. The township official further explained that the land for the airport had actually been purchased three years earlier, but it took some time to find enough airplane owners who were willing to park their aircrafts in Turtle Field. Without their participation, the expense of operating the airport could not be justified. Aurelia was somewhat perplexed by this. She had only seen four airplanes at the airport. "Were only four airplanes needed to justify the opening of this airport?" "Oh no," responded the township official. "We're expecting the Hamilton County Aviation Society and Amateur Pilots Training Program to use the airport as its new base of operations." Aurelia was stunned by what she just heard. Aurelia had come to Turtle Field to enjoy a peaceful life, and now an airport opened-up two miles away from her house. Using all her composure to remain calm, Aurelia asked how much more air traffic would be expected once the airport was fully operational. "Oh, it shouldn't be too much," responded the township official. "The Aviation Society only operates on the weekends, but an additional three buildings are going to be built in the next few months." "Three buildings?" Aurelia asked, horrified at the thought of student pilots flying their airplanes over her house. "Yes indeed, they need at least one more hanger," replied the township official. "They will also need a control tower, given all those planes that will be flying around." The township official chuckled naively as she said this, utterly unaware of how much noise an airplane, even a light airplane, could produce. "Then, of course, there is the matter of the waiting room." "A WAITING ROOM?" Aurelia was stunned. "Why yes, for the tourists. They need to be kept the tourists happy as they wait for the helicopter.predictable reaction of her dogs. Within a few seconds, a small, low-flying airplane passed directly over her house. Shocked by what she had just seen, Aurelia dropped the basked containing the berries she had been picking and ran towards her car. A minute later, Aurelia was speeding down the dirt road, her three dogs in the back seat. Aurelia wasn't sure where she was going exactly, but she was heading in the general direction that the plane had been traveling. Within a few minutes, at a distance less than two miles away from her house, Aurelia spotted a sign by the side of the dirt road saying "WELCOME TO TURTLE FIELD NEIGHBORHOOD AIRPORT.' This "airport," for lack of a better word, was hardly Charles-de-Gaulle. There was a large clearing that served as a runway. At the far, Aurelia spotted three small planes parked outside a metallic shed. Presumably, this shed was some type of hanger to service the planes. Aurelia spotted a fourth airplane bouncing its way up the clearing towards the other three planes. No doubt, this was the airplane that had just flown over Aurelia's house. It must have landed a few minutes before Aurelia arrived. Aurelia wanted to get out of the car and start yelling at the pilot, but her dogs in the back seat were already starting to become excited. She knew she had to return home before things got ugly. The next day, Aurelia contacted an official at the Turtle Field Town Hall to ask about the airport. Turns out, the airport had just opened a month earlier. The town had wanted to build a small airport for the past ten years, but they never had the funding or the land to do so. Luckily, a small group of aviation enthusiasts got involved, and they reached out to investors to fund the project. Since the airport would only serve light aircraft, there was no need for a paved runway. The airport only needed a small building to store equipment and fuel. The township official further explained that the land for the airport had actually been purchased three years earlier, but it took some time to find enough airplane owners who were willing to park their aircrafts in Turtle Field. Without their participation, the expense of operating the airport could not be justified. Aurelia was somewhat perplexed by this. She had only seen four airplanes at the airport. "Were only four airplanes needed to justify the opening of this airport?" "Oh no," responded the township official. "We're expecting the Hamilton County Aviation Society and Amateur Pilots Training Program to use the airport as its new base of operations." Aurelia was stunned by what she just heard. Aurelia had come to Turtle Field to enjoy a peaceful life, and now an airport opened-up two miles away from her house. Using all her composure to remain calm, Aurelia asked how much more air traffic would be expected once the airport was fully operational. "Oh, it shouldn't be too much," responded the township official. "The Aviation Society only operates on the weekends, but an additional three buildings are going to be built in the next few months." "Three buildings?" Aurelia asked, horrified at the thought of student pilots flying their airplanes over her house. "Yes indeed, they need at least one more hanger," replied the township official. "They will also need a control tower, given all those planes that will be flying around." The township official chuckled naively as she said this, utterly unaware of how much noise an airplane, even a light airplane, could produce. "Then, of course, there is the matter of the waiting room." "A WAITING ROOM?" Aurelia was stunned. "Why yes, for the tourists. They need to be kept the tourists happy as they wait for the helicopter.Probably have some sort of snack bar and small gift shop too." "WHAT HELICOPTER?" Aurelia was now shouting. "Why, during ski season," responded the township official, now starting to look worried by Aurelia's reactions. "Those nearby mountains are great for heli-skiing," stated the official cautiously. "It's a wonderful playground up there, if you're into that type of stuff." Aurelia had heard enough. She immediately contacted a lawyer and filed a lawsuit against the Turtle Field Airport. Having to deal with student pilots and heli-skiers flying around her house was more than Aurelia could handle. She needed to stop this madness before the Turtle Field Airport turned into LaGuardia Airport of the North. Question What is Aurelia's best argument that she can make in court in order to obtain some type of relief from this new and expanding airport that opened near her house?Probably have some sort of snack bar and small gift shop too." "WHAT HELICOPTER?" Aurelia was now shouting. "Why, during ski season," responded the township official, now starting to look worried by Aurelia's reactions. "Those nearby mountains are great for heli-skiing," stated the official cautiously. "It's a wonderful playground up there, if you're into that type of stuff." Aurelia had heard enough. She immediately contacted a lawyer and filed a lawsuit against the Turtle Field Airport. Having to deal with student pilots and heli-skiers flying around her house was more than Aurelia could handle. She needed to stop this madness before the Turtle Field Airport turned into LaGuardia Airport of the North. Question What is Aurelia's best argument that she can make in court in order to obtain some type of relief from this new and expanding airport that opened near her house
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