(Question 1)Patty owns Baba O'Reilly Farm, a permitted swine operation in Bladen County. Patty is sued...

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(Question 1)Patty owns Baba O'Reilly Farm, a permitted swine operation in Bladen County. Patty is sued by Ryan, his neighbor, for nuisance. The judge in the case - the Honorable Keith Moon - denies Patty's motion to dismiss based on North Carolina's Right to Farm statute and allows the case to continue. At trial, Ryan introduces no evidence of Patty's waste management technology, nor did Patty raise use of waste management technology as a defense. Judge Moon issues a jury instruction that makes no mention of waste management technology in his charge to the jury to determine the reasonableness of Patty's farming activity and its resulting harm to Ryan. The jury enters a nuisance verdict against Patty, requiring Patty to pay money damages to Ryan but allowing Pete to continue operating his swine farm. Patty timely files an appeal of the verdict to the North Carolina Court of Appeals. After filing his appeal, Patty enters a cooperative agreement with Smithfield and Duke Energy to install a methane digester over his hog lagoon, which studies suggest may reduce odor, which was the foundation of Ryan's nuisance complaint. In his appellate brief and oral argument, Patty argues that the Court should reverse the trial verdict because studies have shown that his new technology is shown to reduce odor. What is the appeals court required to do? a) Reverse and remand back to trial court, because Patty's new evidence of better technology may result in a different verdict b) Affirm the verdict, if the Court of Appeals finds no error in Judge Moon's decision to not allow the Right to Farm statute as a defense (Question 2) Bjorn operates a farm in Hyde County, NC and signs a contract with Ivar's Applications, LLC - a company organized under the laws of Virginia with its sole office in Wakefield, Virginia - for an aerial pesticide application to Bjorn's soybean crop. Ivar mistakenly applies the wrong pesticide to the crop, fully destroying the soybean crop which- under current market conditions and normal county yield history - would likely gross $100,000. Bjorn feels he has a state common law breach of contract claim for that amount. Which court below may not exercise jurisdiction over the case? a) Hyde County Superior Court b) Hyde County District Court (Question 1)Patty owns Baba O'Reilly Farm, a permitted swine operation in Bladen County. Patty is sued by Ryan, his neighbor, for nuisance. The judge in the case - the Honorable Keith Moon - denies Patty's motion to dismiss based on North Carolina's Right to Farm statute and allows the case to continue. At trial, Ryan introduces no evidence of Patty's waste management technology, nor did Patty raise use of waste management technology as a defense. Judge Moon issues a jury instruction that makes no mention of waste management technology in his charge to the jury to determine the reasonableness of Patty's farming activity and its resulting harm to Ryan. The jury enters a nuisance verdict against Patty, requiring Patty to pay money damages to Ryan but allowing Pete to continue operating his swine farm. Patty timely files an appeal of the verdict to the North Carolina Court of Appeals. After filing his appeal, Patty enters a cooperative agreement with Smithfield and Duke Energy to install a methane digester over his hog lagoon, which studies suggest may reduce odor, which was the foundation of Ryan's nuisance complaint. In his appellate brief and oral argument, Patty argues that the Court should reverse the trial verdict because studies have shown that his new technology is shown to reduce odor. What is the appeals court required to do? a) Reverse and remand back to trial court, because Patty's new evidence of better technology may result in a different verdict b) Affirm the verdict, if the Court of Appeals finds no error in Judge Moon's decision to not allow the Right to Farm statute as a defense (Question 2) Bjorn operates a farm in Hyde County, NC and signs a contract with Ivar's Applications, LLC - a company organized under the laws of Virginia with its sole office in Wakefield, Virginia - for an aerial pesticide application to Bjorn's soybean crop. Ivar mistakenly applies the wrong pesticide to the crop, fully destroying the soybean crop which- under current market conditions and normal county yield history - would likely gross $100,000. Bjorn feels he has a state common law breach of contract claim for that amount. Which court below may not exercise jurisdiction over the case? a) Hyde County Superior Court b) Hyde County District Court

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Answer Question 1 a Reverse and remand back to trial court because Pattys new evidence of better tec... View the full answer