About the Millennium Farm

The activity of the Millennium Farm noticeably affects the organic farm. This organic farm is Tina’s
job, it’s the source of her income. The activities developed in this 10-acre farms makes useless the
production of a 100-acre land in which corn is grown for human consumption, so 100% of the
production is wasted. Considering that a nuisance according to … must be an injury of such a
character “as to seriously interfere with the ordinary comfort and enjoyment of it.” In this case,
the activity of the Millennium Farm is, indeed, a nuisance.

Now what makes difficult to solve this case is the fact that the Millennium Farm offers significant
benefit to the community, as exposed in the case “a new millennium of cheaper, more widely
distributed medicines for the world”. In this event, we have a private nuisance caused by an entity
which purpose is to create a public good.

To solve it, we need to remember that in Meadowbrook v. Albert the Court did not issue an
injunction because it was proven that the nuisance could be prevented if adequate measures
were taken. Taking into account that there could be significant loses if an injunction is issued, the
defendants in this case must prove there is a way to stop damaging the production of Tina’s farm
and they should pay for the loses already caused. If it is not proven, they would have to internalize
the externality and so, pay for Tina’s loses as long as they continue their corn crop, affecting Tina's
production and preventing her from making a profit.