Question: Frio Fun Times, Inc. develops and operates rural resorts. It wants to dam a river running along property it owns and plans to develop as
Frio Fun Times, Inc. develops and operates rural resorts. It wants to dam a river running along property it owns and plans to develop as a resort in order to create a small lake for its guests to enjoy on the upstream side of the river. Earl owns land upstream from the proposed dam that will be six feet below the surface of the newly created lake. He files suit to enjoin the Frio Fun Times from creating the dam. He seeks to have his suit certified as a class action on behalf of all 50 landowners whose land will be flooded by the new lake. Which of the class action requirements under Rule 23 will Earl have trouble satisfying?
the class is so numerous that joinder of all members is impracticable
there are questions of law or fact common to the class
the claims or defenses of the representative parties are typical of the claims or defenses of the class
the representative parties will fairly and adequately protect the interests of the class
the questions of law or fact common to class members predominate over any questions affecting only individual members
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