Torts keyed to Best
Armory Park Neighborhood Association v. Episcopal Community Services in Arizona
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The Episcopal Community Services in Arizona (Defendant) opened the St. Martin’s Center, located next to the Armory Park Historical Residential District, to provide a free meal to local poor people. The Armory Park Neighborhood Association (Plaintiff) filed a lawsuit against Defendant for public nuisance to enjoin the center from continuing its free meal distribution program to local poor people. Plaintiff claimed that neighborhood residents sustained injuries from those who went to the center because they frequently trespassed onto neighbor’s yards. These individuals would sometimes urinate, drink, or litter on their yards as well. Due to these incidents, arrests in the neighborhood occurred more often. After the trial court granted Plaintiff’s request and denied Defendant’s motion to dismiss, Defendant appealed. After the court of appeals reversed the trial court’s ruling due to the lack of a criminal violation, the Arizona Supreme Court granted certiorari.
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