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Acme Week 7

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This case involved a citizen’s suit against a large dairy farm called Northfield Farm. The owner of the farm is being sued by NICE - Neighbors Invested in a Clean Environment for public and private nuisance as well as trespassing. Since this was a civil lawsuit the burden of proof was on NICE the plaintiff. As explained in the simulation old fashion dairy farms spread manure with spreaders and then send cows out to pasture, but Northfield Farm uses storage lagoons, and liquid manure to fertilize their crops with a spray over the fields. The plaintiff also stated that he cannot enjoy his own property due to the horrific smell from the farm. He also claimed that during heavy rainstorms the manure would flow on to his own personal property and had once broken a pipe of his and has cost him 500 dollars of his own money to clean up. He also stated that during the heavy rains the manure would build up and flow into the river as well. I completely agree with the judge’s decision in this case when the defendant moved into the neighborhood five years ago the diary farm already existed and he should have known that that there would be a very strong aroma when living next store to one. I also believe that the defendant was taking the necessary precautions to eliminate as much of the order as possible. I also agree that something had to be done about the runoff and agree with her decision. I agree with making the Dairy Farm pay the 500 dollars for the plaintiffs cleaning expenses. I also agree that the runoff into the river is a public nuisance but I think that 90 days is too, long to resolve the issue I would have allowed only 30 to 60 days.
All and all I believe her decision was just and fair to both parties involved.

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