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Ozark Poultry Prods., Inc. v. Garman

Citation: 2 ELR 20016
No. No. 5-5647, 472 S.W.2d 714/3 ERC 1545/251 Ark. 389, (Ark., 11/15/1971)

The operation of a rendering plant which emits noxious odors and stream polluting wastes interferes with the use and enjoyment of nearby private property and therefore constitutes a private nuisance, actionable by private property owners and others who can show injury to their private rights. That defendant's action harms all plaintiffs similarly situated does not convert defendant's interference with private rights into an interference with a public right which would be actionable only by a representative of the state or local government. The finding of the court below that the plant constituted a public nuisance does not bar injunctive relief to plaintiffs, because action which constitutes a public nuisance may also constitute a private nuisance.

Counsel for Plaintiffs
Eugene Coffelt
Coffelt & Burrow
Coffelt Building
Bentonville, Arkansas 72712

Counsel for Defendant
Putman, Davis & Bassett
28 College Avenue
Fayetteville, Arkansas 72701