The residents have legal standing to file a nuisance suit (tort) for any noxious smells or toxic run-off that affect their community and personal health since they moved in.

Thirty years ago, Tariq Woodfield formed a paper company with a paper mill located on 100-acres just outside Wilmington city limits. Paper mills emit loud noises and strong smells, and produce liquids that run-off into nearby waterways. Woodfield’s paper mill has always operated within the legal limits of pollution established by state-issued permits. Fifteen years ago, a luxury home community was built right next to the paper mill. Nearby residents of the luxury home community are very upset and want to close the paper mill. Which of the following statements is TRUE?

The residents could file suit against the paper company for violating environmental laws.

Woodfield has owned the property 30 years and the luxury home community moved next to his company’s property, so residents have no legal basis to demand that the paper mill be closed.

 

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