Torts Keyed to Prosser
Spur Industries, Inc. v. Del E. Webb Development Co.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The Defendant had operated a cattle feedlot in an urban area outside of Phoenix since before 1950. In 1959 the Plaintiff began to develop Sun City, a residential community, some distance from Defendant. The development expanded, until 1967, when Sun City was with 500 feet of Defendant. Plaintiff brought suit requesting a permanent injunction of Defendant’s operations, claiming that remaining lots were unfit for residential development because of the operation Defendant’s feedlot. The trial court granted Plaintiff’s injunction request. Defendant appealed and Plaintiff cross-appealed.
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