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Question
Adele and Roy established a trailer park and restaurant on their property to supplement their income. Acme Oil operated a refinery 1,000 feet from Adele and Roy's property. The refinery regularly emits nauseating gases and odors in large quantities, which invade neighboring property and make people sick. Acme disregarded Adele and Roy's pleas to abate emitting the noxious odors. What can Adele and Roy do?
A. Adele and Roy can bring an action for private nuisance for damages and to enjoin Acme from emitting the odors.
B. Adele and Roy cannot sue for public nuisance because private parties can never sue for abatement of public nuisance.
C. Adele and Roy do not have a cause of action.
D. Adele and Roy can sue for public nuisance as Acme is committing an illegal act.
Answer
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