The state of North Freedonia has long had a reputation for growing the biggest and tastiest potatoes in the country. Growers of potatoes in North Freedonia recently began spraying Bugoff onto their crops to prevent the spread of the Potato Maggot, an insect that can destroy young potato plants. Bugoff is manufactured exclusively by Growit, Inc., at its plant in South Freedonia. When the plant is producing Bugoff it emits a fine, sticky, harmless mist as a byproduct. The mist drifts over Clampett's property which is adjacent to Growit's plant. Although Growit uses the best technology available, it is unable to prevent the release of the mist. Clampett brings suit against Growit on the theory of private nuisance to enjoin the production of Bugoff at the South Freedonia plant. Which of the following facts, if established, will be most helpful to Growit's defense?
A. Growit commenced the manufacture of Bugoff at the South Freedonia plant three years before Clampett acquired the land adjacent to the plant.
B. Federal, state, and local agencies approved the design of the plant and equipment used to produce Bugoff.
C. The principal users of Bugoff are State and Federal Departments of Agriculture.
D. Bugoff is the only pesticide that can safely and effectively kill the Potato Maggot, which, if not controlled, would destroy North Freedonia's potato crop, its principal product.
Choose A, B, C or D as your solution.
D