Question
Old MacDonald moved outside the city to a very rural farming area about 35 years ago. He started a poultry farm (chickens and eggs), which
Old MacDonald moved outside the city to a very rural farming area about 35 years ago. He started a poultry farm (chickens and eggs), which he farmed successfully for many years. But recently urban sprawl has led to big changes in the area. The land around Old MacDonald's farm has been bought by developers and new residential housing has been built. The new home owners don't like the smell of chickens and are complaining. They want to stop him from operating a poultry farm because the smells interfere with their enjoyment of their property.
What tort should the home owners allege Old Mac committed?
Are the home owners likely to be successful? Explain why or why not.
What remedy should the home owners seek?
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