Next Generation Bar Exam Quiz
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State Oil operates a refinery that has for years released noxious fumes over the town of Eastbrook. Many residents, including Lena, suffer headaches and keep windows closed. Lena, a commercial beekeeper two miles downwind, has lost 15% of her hives and significant honey production because of the fumes. Lena sues State Oil for damages, alleging a public nuisance. Section 4 of the Model Public Nuisance Remedies Act provides: '(a) A public nuisance is an unreasonable interference with a right common to the general public. (b) A private person may maintain an action for damages for a public nuisance only if the person has suffered injury of a kind different in kind, not merely in degree, from the injury suffered by the general public. (c) An injury that results from the exercise of a right common to the general public, such as the right to breathe clean air, is not different in kind merely because it is more severe.'
Which of the following is Lena's best argument for satisfying the special-injury requirement?
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