Diner, a drive-in hamburger and ice cream stand, recently opened for business in the suburban town of Little City. Diner's business hours are from 9:00 a.m. to midnight. It is in an area that for 15 years has been zoned for small retail businesses, apartment buildings, and one- and two-family residences. The zoning code specifies that "small retail businesses" include "businesses where food and drink are dispensed for consumption on the premises." Diner is the first drive-in in Little City. For seven years Mr. and Mrs. Householder have owned and lived in their single-family residence, which is across the street from Diner. On opening day a brass band played in the parking lot of Diner until midnight, and the noise of cars and the unusual activity as a result of the new business prevented the Householders from getting to sleep until well after midnight, long after their usual time. Diner is heavily patronized during the day and night by highschool students. The noise of cars, the lights of the cars, the lights illuminating the parking lot at Diner, and the noise from the loudspeaker of the ordering system prevent the Householders from sleeping before midnight. Paper cups, napkins, and other items from the drive-in are regularly blown into the Householders' front yard by the prevailing wind. The traffic to and from Diner is so heavy on the street in front of their house that the Householders are afraid to allow their small children to play in the front yard. The Householders have asserted a claim against Diner based on private nuisance. The most likely effect of the fact that Householders were in the area before Diner is that it 
requires that the Householders' interest be given priority. is irrelevant because of the zoning ordinance. is irrelevant because conforming economic uses are given priority. is some, but not controlling, evidence
Question: Diner, a drive-in hamburger and ice cream stand, recently opened for business in the suburban town of Little City. Diner's business hours are from 9:00 a.m. to midnight. It is in an area that for 15 years has been zoned for small retail businesses, apartment buildings, and one- and two-family residences. The zoning code specifies that "small retail businesses" include "businesses where food and drink are dispensed for consumption on the premises." Diner is the first drive-in in Little City. For seven years Mr. and Mrs. Householder have owned and lived in their single-family residence, which is across the street from Diner. On opening day a brass band played in the parking lot of Diner until midnight, and the noise of cars and the unusual activity as a result of the new business prevented the Householders from getting to sleep until well after midnight, long after their usual time. Diner is heavily patronized during the day and night by highschool students. The noise of cars, the lights of the cars, the lights illuminating the parking lot at Diner, and the noise from the loudspeaker of the ordering system prevent the Householders from sleeping before midnight. Paper cups, napkins, and other items from the drive-in are regularly blown into the Householders' front yard by the prevailing wind. The traffic to and from Diner is so heavy on the street in front of their house that the Householders are afraid to allow their small children to play in the front yard. The Householders have asserted a claim against Diner based on private nuisance. The most likely effect of the fact that Householders were in the area before Diner is that it 
A. requires that the Householders' interest be given priority.
B. is irrelevant because of the zoning ordinance.
C. is irrelevant because conforming economic uses are given priority.
D. is some, but not controlling, evidence
Answer: