In 1940, Cattle Company paid $30,000 for a 150- acre tract of agricultural land well suited for a cattle feedlot. The tract was 10 miles from the city of Metropolis, then a community of 50,000 people, and five miles from the nearest home. By 1976, the city limits extended to Cattle Company's feedlot, and the city had a population of 350,000. About 10,000 people lived within three miles of the cattle-feeding operation. The Cattle Company land is outside the city limits and no zoning ordinance applies. The Cattle Company land is now worth $300,000, and $25,000 has been invested in buildings and pens. Cattle Company, conscious of its obligations to its neighbors, uses the best and most sanitary feedlot procedures, including chemical sprays, to keep down flies and odors, and frequently removes manure. Despite these measures, residents of Metropolis complain of flies and odors. An action has been filed by five individual homeowners who live within half a mile of the Cattle Company feedlot. The plaintiffs' homes are valued currently at $25,000 to $40,000 each. Flies in the area are five to ten times more numerous than in other parts of Metropolis, and extremely obnoxious odors are frequently carried by the wind to the plaintiffs' homes. The flies and odors are a substantial health hazard."If plaintiffs assert a claim based on public nuisance, plaintiffs will
prevail if plaintiffs sustained harm different from that suffered by the public at large. prevail if Cattle Company's acts interfered with any person's enjoyment of his property. not prevail, because only the state may bring an action based on public nuisance.  not prevail, because plaintiffs came to the nuisance
Question: In 1940, Cattle Company paid $30,000 for a 150- acre tract of agricultural land well suited for a cattle feedlot. The tract was 10 miles from the city of Metropolis, then a community of 50,000 people, and five miles from the nearest home. By 1976, the city limits extended to Cattle Company's feedlot, and the city had a population of 350,000. About 10,000 people lived within three miles of the cattle-feeding operation. The Cattle Company land is outside the city limits and no zoning ordinance applies. The Cattle Company land is now worth $300,000, and $25,000 has been invested in buildings and pens. Cattle Company, conscious of its obligations to its neighbors, uses the best and most sanitary feedlot procedures, including chemical sprays, to keep down flies and odors, and frequently removes manure. Despite these measures, residents of Metropolis complain of flies and odors. An action has been filed by five individual homeowners who live within half a mile of the Cattle Company feedlot. The plaintiffs' homes are valued currently at $25,000 to $40,000 each. Flies in the area are five to ten times more numerous than in other parts of Metropolis, and extremely obnoxious odors are frequently carried by the wind to the plaintiffs' homes. The flies and odors are a substantial health hazard."If plaintiffs assert a claim based on public nuisance, plaintiffs will
A. prevail if plaintiffs sustained harm different from that suffered by the public at large.
B. prevail if Cattle Company's acts interfered with any person's enjoyment of his property.
C. not prevail, because only the state may bring an action based on public nuisance. 
D. not prevail, because plaintiffs came to the nuisance
Answer: