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Hobbs v. Smith

Citation: 2 ELR 20380
No. No. C-97, 493 P.2d 1352/4 ERC 1092/177 Colo. 299, (Colo., 02/22/1972)

A use of land which conforms with existing zoning and health regulations and which is pursued with reasonable care, nevertheless may be enjoined as a private nuisance where the use results in a substantial interference with the use and enjoyment of other property. A lower court's decision enjoining a property owner from keeping two horses, because the resulting odors interfere with plaintiff's use of her property, is affirmed.

Counsel for Plaintiff
Dale H. Helm
7720 West 57th Avenue
Arvada, Colorado 80002

Counsel for Defendants
Elias J. Candell
6901 West Colfax Avenue
Jefferson City, Colorado

EN BANC

MR. CHIEF JUSTICE PRINGLE, MR. JUSTICE DAY and MR. JUSTICE KELLEY dissent.