Armory Park Neighborhood Association v. Episcopal Community Services in Arizona
Arizona Supreme Court
712 P.2d 914 (1985)
Relevant factsFree
A charity's free-meal center (defendant) attracted patrons who trespassed onto neighboring residents' yards, urinated, drank, and littered, significantly increasing neighborhood arrests; a neighborhood association (plaintiff) sued for public nuisance, and the court of appeals reversed a trial-level injunction, holding a criminal violation was a prerequisite to any public nuisance finding.
IssueFree
Whether a defendant's conduct which unreasonably and significantly interferes with the public health, safety, peace, comfort, or convenience is a public nuisance even if the conduct is not specifically prohibited by criminal statute.