Spur Industries, Inc. v. Del E. Webb Development Co.
Spur Industries, Inc. v. Del E. Webb Development Co.
Citation:
108 Ariz. 178, 494 P.2d 700 (1972)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The area in dispute is located 15 miles outside of Phoenix, and has been used for farming, particularly cattle feeding, since 1911. By 1959, about 8,000 cattle were being fed across 35 acres of land. The defendant purchased these feedlots in 1960 and began expanding to 114 acres by 1962. In 1959, the plaintiff began to build a housing development called Sun City, acquiring 20,000 acres of land near the cattle feedlots. The plaintiff claims that the defendant’s feedlots are a public nuisance due to the flies it attracts and the odors drifting with the wind. The feedlots were producing 35 to 45 pounds of wet manure per day, and the resulting bugs and odor were unhealthy for the nearby residents, despite the defendant’s good housekeeping and maintenance.
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