The Davises Reside in a House Located on Four Acres

Multiple Choice

The Davises reside in a house located on four acres of property,property zoned for low-density residential or agricultural use.In 2004,the property across the highway from the Davises was rezoned for heavy industrial use.Toyo Tire began building a tire manufacturing and distributing facility on 260 acres located across the highway from the Davises.Since Toyo began operating in 2006,it has expanded 3 times,growing from 400 employees and production of 3,000 tires per day to a planned fourth expansion to 1,450 employees and production of 13,500 tires per day.The plant operates 24 hours per day in two 12-hour shifts. ​
The Davises experienced the problems of loud noises,bright lights,black-dust emissions,and traffic from employees and delivery trucks.An appraiser determined that the presence and growth of the plant reduced the value of the Davises' property by 35-40%,with an additional 15% reduction for the black dust.
​The Davises: ​

A) ​have no remedy because they moved to the nuisance.
B) ​cannot obtain an injunction because they are alone in being affected.
C) will need to establish something more than noise and dust to establish a nuisance.
D) none of the above