Property Law Keyed to Dukeminier
Spur Industries, Inc. v. Del E. Webb Development Co.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Farming started in the area at issue as early as 1911. Later, the area developed into an urban area with several retirement communities being built. The Defendant, Spur Industries (Defendant), developed cattle feedlots in the area in 1956. The Plaintiff, Del E. Webb Development Co. (Plaintiff), began development of an urban area near the feedlots. Plaintiff filed a complaint in 1967 stating that the approximately 1,300 lots were unfit for residential development because of the feedlots proximity to the lots, therefore the feedlots constituted a public nuisance. The trial court permanently enjoined the defendant from operating the feedlots.
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