Tour Ice has produced ice at its plant in the business district of Pierre, South Dakota, for years. Trucks pick up the ice and distribute it throughout a large area. The business is in compliance with city ordinances regarding proper operations.
Atkinson moved into an apartment across the street from the ice plant. Getting nowhere with complaints to Tour Ice or the city, she sued both for nuisance, contending the noise level from operations was higher than she should have to tolerate.
The trial court held for defendants. Atkinson appealed.

1. The South Dakota high court affirmed that the noise from the business operation was not legally a nuisance. What other course of action can Atkinson take?
2. Why should the position taken by the city on this issue matter to the court?