Watson and Smith were neighbors who had a long-standing strong feeling of dislike towards each other. The feud between them exploded one hot summer day when Smith dumped approximately 20 pounds of dog feces from his dog on the Watson/Smith property line next to Watson's outdoor sports court.The Watsons, upon seeing the dog feces, asked Smith to clean it up. He denied dumping it and refused to clean it up.Smith believed the dog feces was on his side of the line, but, in fact, it was not. Regardless, he testified that he put the feces there as a message to the Watsons to stay off his property. His perception was that the Watsons were frequently on his side of the property line, doing landscaping, or yard maintenance. The smell from the dog feces in the summer heat was so strong that it made use of the sports court by Watsons unbearable. Smith continued to refuse to remove it despite several requests by Watsons. Watsons sued Smith for damages over the dog feces.

1.What is the legal issue(s) in this case (2 marks)

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3. Argument for the plaintiff, applying the legal test to the facts (1 mark)

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