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Spur Indus., Inc. v. Del E. Webb Dev. Co.

ELR Citation: 2 ELR 20390
Nos. No. 10410, 494 P.2d 700/4 ERC 1052/108 Ariz. 178, (Ariz., 03/17/1972)

Appellant's otherwise lawful cattle feedlot operation, which became a public nuisance after the nearby development of a residential area, is permanently enjoined from operation, but appellee residential developer must indemnify appellant for a reasonable amount of the cost of moving or shutting down the business. Flies and odors from appellant's business carried into the residential area by prevailing winds constitute a public nuisance for which appellee has standing to sue, having shown special injury in the loss of sales. However, indemnity relief is available to appellant where appellee, with foresight, has brought into a previously agricultural or industrial area a human population that makes necessary the granting of an injunction against a lawful business and for which the business has no adequate relief.

Counsel for Defendant/Appellant
Mark Wilmer
Snell & Wilmer
400 Security Building
Phoenix, AZ 85004

Counsel for Plaintiff/Appellee
L. Dennis Marlowe
2530 So. Rural Rd.
Tempe, AZ 85282