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Spur Industries, Inc. v. Del E. Webb Development Co.

Supreme Court of Arizona

494 P.2d 700 (1972)

Relevant factsFree

Webb (plaintiff) developed a retirement community on land purchased adjacent to Spur's (defendant) pre-existing cattle-feeding operation, whose manure attracted flies and produced pungent odors affecting numerous new homes; the trial court found Spur's operation a public nuisance and enjoined it without addressing compensation.

IssueFree

Whether, when the public develops land in the vicinity of a public nuisance, the action creating the nuisance must be ceased by the party responsible for its creation.

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