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Torts Keyed to Duncan
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"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1960, Spur Industries, Inc. (defendant) bought land that had been developed over the past four years for raising cattle. A year prior to this purchase, Del E. Webb Development Co. (plaintiff) purchased land adjacent to the feedlot for the purpose of developing an urban area. Over the next two years, the defendant expanded the feedlot to cover roughly 114 acres, feeding between 20,000 and 30,000 head of cattle. Homes were built in the urban area and people began to move into the urban area. As the urban area also looked to expand to the south, the plaintiff sued the defendant for nuisance, arguing that the feedlot was causing flies and odor, making the southern portion of their land unfit for the development of residential lots.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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