Bill and Jenn Smith reside in a 3 bedroom house they recently purchased on Alvernon Road in
Question:
Bill and Jenn Smith reside in a 3 bedroom house they recently purchased on Alvernon Road in Tucson, Arizona. The house was built in 1978 and is approximately one mile from the Davis Monthan Air Force Base owned and operated by the U.S. Air Force since the 1940s. The Smiths purchased the house after the couple was transferred from Chicago. They only saw the house once on a quiet Sunday morning before purchasing it. The Smiths believe the very loud noise of the fighter jets that fly over their house interferes with their property rights. The Air Force says the base is essential for the defense of the U.S. The Smiths filed a suit in federal court against the U.S. Air Force alleging a nuisance, and sought money damages and an injunction to prevent F-16, F-18 and A-10 fighter jets from flying over their yard. After a bench trial the District Court found that the elements of nuisance were proven. The court denied the Smiths an injunction but awarded them $20,000 in damages. The Air Force appealed the trial court decision. The Air Force's best argument in the U.S. Circuit Court of Appeals for reversing the trial court decision would be:
A. Excessive noise cannot constitute grounds for money damages under the common law.
B. Once the trial court denied the Smiths an injunction an award of money damages is improper under the common law.
C. The F-16, F-18 and A-10 planes have been flying over Alvernon Road in Tucson for more than ten years.
D. It is impossible for the military defense of the United States to constitute a nuisance.
Expert Answer:
