Case summary: The local people of Lake Caliopa, Minnesota have noticed that a high number of people are suffering from a lung ailment. The lung ailment was almost four to seven times the rate compared with the national average. They found that the smog emitted by a company CDA on the outskirts of the town was responsible for the lung disease. The company CDA was directed to install a new equipment to control air and water pollution by the Minnesota pollution control agency. Later citizens sued the company CDA.
To find: The requirement which is identified by each plaintiff for getting relief from the court.
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Explanation of Solution
In order to get relief from the court, the citizens need to provide evidence. The evidence can be provided in the form of an increased number of victims suffering from the lung disease. The harm caused to the people because of the emissions from the factories. Under the nuisance doctrine, to obtain relief from pollution, a property owner has to identify distinct harm from the rest of the people. The property owners are the victims in the above case, who are suffering from lung disease due to the smog released by the company CDA.
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