Winget v. Winn-Dixie Store, Inc.

Winn-Dixie Store, Inc. (defendant) operated a grocery store on land properly zoned for retail, next to Winget's (plaintiff) property. Winget sued for nuisance based on (1) the store's location and (2) the way it was operated, complaining of increased traffic, crowds, late-night trash trucks and street sweepers, large rooftop air-conditioning fans blowing air onto his property, floodlights shining onto his property, and trash blowing onto his land. The trial court ruled for Winget on the operations claim and denied Winn-Dixie's motion for a directed verdict. Winn-Dixie appealed.

Whether a lawful business, operated in an unreasonable manner so as to produce great annoyance to others, can constitute a nuisance.