heche The trial count rated held that the del dans to explore they theaders and to implement dition the court ordered that the rating their hos coment the court found that the plants had least some damage to the COURT noted that one of the to quantify any request for the plants had not adduced any evid for the court toward the specific a result, the court wanded some to any of the plaintis. On appeal to the Court of Appeals the defendants chance court's conclusion that the hot con tion constituted as a muisance. The platiti lenged the trial court's failure to add How did the Court of Appeals rule on the for TO into the appointed on the aclamation etsim? 10. In December 2000 roup of 1 paid James Pennd other detecting Injunctive relief and damages on the theory that the defend hoy confinement operation con peace. The plants alleged that the hos bonement operation, which was conducted at four facilities in two Neskaunties had been a no ne since 1997. In addition, the plaintiffs alleged that they had been deprived or the normal use and en ont of their property and that the defiendanishad beca Botified of the plaintiffs concerns but had failed to take rective action. At a 2002 bench trial in state district court, Pille testified about the relevant facilities, each of which was classified as a "5.000 sow unit. The first of the four facilities was put into operation in 1996. The most recent facility was added in 1999. Pillen testified that he knew in May 1997 of a complaint from Nebraska's Department of Envi Fomental Quality (DE) concerning the odor from an incinerator at one of the facilities Pillen be lieved that the DBQ complaint resulted from a com- plaint made to the DBQ by one of the plaintiffs. In addition Pillen testified that he had discussed an odor problem with some of the plaintiffs prior to the end of September 1997 All 18 plaintiffs testified concerning how the hog confinement operation had affected their lives and the use and enjoyment of their property. The testi- mony generally concerned the impact of odors. The plaintiffs described the odors from the defendants facilities as "unbearable" as "overwhelmingly a suf- focating stench," as a "musty hoy lexcrement) smell." as a sewage ador," as a "gas I-like) smell," and as an odor that "chokes you." Various plaintiffs said the smell was so bad that they had to keep their houses closed up at all times. The odor problem prevented them from spending time in their yards or gardens, from hanging laundry on outdoor clotheslines, and from participating in outside activities with children and grandchildren. One plaintiff testified that she was a "prisoner" in her own home. According to Pillen's testimony, the defendants had tried various proce dures to diminish the odors emanating from the facili- ties and waste lagoons located here. These measures included the use of food additives, waste additives, und lagoon treatments. Pillen further testified that did not think the hog confinement operation had hanged the plaintiff's quality of life or would ever respective arguments? 11. At the time of the events described below nia's statute dealing with a deceased celebrity's of publicity read as follows: "Any person who deceased personality's name, voice, sign graph, and likeness, in any manner.no merchandise, or goods, or for purpose or selling, or soliciting purchases of act chandise. goods or services without prior from the legal owner of the deceased perse right of publicity shall be liable to the right licity owner. The statute also set forth cumption the consent requirement for use in fairs, or sports broadcasts: in plass, books, newspapers, musical compositions, or im or radio programs or in other was a no news-related value. There was also "single and original works of finean Comedy HII Production Incos licity of the deceased celebrities comedy act and films, had beco public as "The Three Stooges." Relying quoted above. Comedy Ell brought action against artist Gary Saderup of which he was a principal consent, the defendants referred to be as "Saderup had produced and heche The trial count rated held that the del dans to explore they theaders and to implement dition the court ordered that the rating their hos coment the court found that the plants had least some damage to the COURT noted that one of the to quantify any request for the plants had not adduced any evid for the court toward the specific a result, the court wanded some to any of the plaintis. On appeal to the Court of Appeals the defendants chance court's conclusion that the hot con tion constituted as a muisance. The platiti lenged the trial court's failure to add How did the Court of Appeals rule on the for TO into the appointed on the aclamation etsim? 10. In December 2000 roup of 1 paid James Pennd other detecting Injunctive relief and damages on the theory that the defend hoy confinement operation con peace. The plants alleged that the hos bonement operation, which was conducted at four facilities in two Neskaunties had been a no ne since 1997. In addition, the plaintiffs alleged that they had been deprived or the normal use and en ont of their property and that the defiendanishad beca Botified of the plaintiffs concerns but had failed to take rective action. At a 2002 bench trial in state district court, Pille testified about the relevant facilities, each of which was classified as a "5.000 sow unit. The first of the four facilities was put into operation in 1996. The most recent facility was added in 1999. Pillen testified that he knew in May 1997 of a complaint from Nebraska's Department of Envi Fomental Quality (DE) concerning the odor from an incinerator at one of the facilities Pillen be lieved that the DBQ complaint resulted from a com- plaint made to the DBQ by one of the plaintiffs. In addition Pillen testified that he had discussed an odor problem with some of the plaintiffs prior to the end of September 1997 All 18 plaintiffs testified concerning how the hog confinement operation had affected their lives and the use and enjoyment of their property. The testi- mony generally concerned the impact of odors. The plaintiffs described the odors from the defendants facilities as "unbearable" as "overwhelmingly a suf- focating stench," as a "musty hoy lexcrement) smell." as a sewage ador," as a "gas I-like) smell," and as an odor that "chokes you." Various plaintiffs said the smell was so bad that they had to keep their houses closed up at all times. The odor problem prevented them from spending time in their yards or gardens, from hanging laundry on outdoor clotheslines, and from participating in outside activities with children and grandchildren. One plaintiff testified that she was a "prisoner" in her own home. According to Pillen's testimony, the defendants had tried various proce dures to diminish the odors emanating from the facili- ties and waste lagoons located here. These measures included the use of food additives, waste additives, und lagoon treatments. Pillen further testified that did not think the hog confinement operation had hanged the plaintiff's quality of life or would ever respective arguments? 11. At the time of the events described below nia's statute dealing with a deceased celebrity's of publicity read as follows: "Any person who deceased personality's name, voice, sign graph, and likeness, in any manner.no merchandise, or goods, or for purpose or selling, or soliciting purchases of act chandise. goods or services without prior from the legal owner of the deceased perse right of publicity shall be liable to the right licity owner. The statute also set forth cumption the consent requirement for use in fairs, or sports broadcasts: in plass, books, newspapers, musical compositions, or im or radio programs or in other was a no news-related value. There was also "single and original works of finean Comedy HII Production Incos licity of the deceased celebrities comedy act and films, had beco public as "The Three Stooges." Relying quoted above. Comedy Ell brought action against artist Gary Saderup of which he was a principal consent, the defendants referred to be as "Saderup had produced and