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Torts Keyed to Duncan
Armory Park Neighborhood Ass’n v. Episcopal Community Services in Arizona
Citation:
148 Ariz. 1, 712 P.2d 914 (1985)Facts
In December 1982, Episcopal Community Services in Arizona opened St. Martin’s Center in Tucson, with the sole purpose of providing one free meal daily to indigent persons. The Center was located on Arizona Avenue, the western boundary of the Armory Park Historical Residential District. Before the Center opened, the area had been primarily residential with a few small businesses. After opening, many transients crossed the area daily to visit the Center. Although the Center operated only from 5:00 to 6:00 p.m., patrons lined up earlier and often lingered in the neighborhood afterward. Despite ECS’s efforts to control the situation by renting an adjacent fenced lot for a waiting area and organizing neighborhood cleaning projects, transients frequently trespassed onto residents’ yards, sometimes urinating, defecating, drinking, and littering on residents’ property. Some broke into storage areas and unoccupied homes, and others asked residents for handouts. The number of arrests in the area increased dramatically, and many residents became frightened or annoyed, altering their lifestyles to avoid the transients. In January 1984, the Armory Park Neighborhood Association filed a complaint seeking to enjoin ECS from operating its free food distribution program, alleging that the Center’s activities constituted a public nuisance.
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