Chap007Cases

The Legal and Regulatory Environment of Business

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Case 07 Case 7-1 (Chapter 7, p. 223) SPUR INDUSTRIES, INC. v. DEL E. WEBB DEVELOPMENT CO. 494 P.2d 700 (1972) FACTS: Near Phoenix, Arizona, Spur Industries owned a large cattle feedlot, and at the same time the Del Webb Development Company was developing a residential area known as Sun City. The lots being sold on the tract of land owned by Del Webb were moving closer and closer to the feedlot. Finally, Del Webb sued Spur, arguing that Spur’s feeding operation was a public nuisance. Del Webb sought a permanent injunction ordering Spur to shut down or move. The case finally reached the Arizona Supreme Court. ISSUE: Does the coming to the nuisance doctrine apply in this instance? DECISION: Yes, and Webb must indemnify Spur. REASONS: 1. Spur’s feedlot full of odors and flies is a public nuisance, but Spur is required to move but not because of any wrongdoing on its part, but because of a proper and legitimate regard of the courts for the rights of the public, namely, the people who had bought land from
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Chap007Cases - Case 07 Case 7-1 (Chapter 7, p. 223) SPUR...

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