P.2d 700 (Ariz. 1972) FACTS: Spur Industries operated a cattle feedlot near Youngtown and Sun City (communities 14 to 15 miles west of Phoenix). 20 Supreme Court of Arizona, In Banc. These lots were located about ½ mile South of Olive Avenue. . According to our text, a nuisance consists of odors, ongoing damage, excessive noise, polluted air, and dangerous facilities that may cause health concerns (Jennings, 2018). - facts= developer sued to permanently enjoin a cattle feedlot operation that was in close proximity to a residential development it was creating, the feedlot owner counterclaimed for indemnification from the developer if it was enjoined from operation From a judgment permanently enjoining the defendant, Spur Industries, Inc., from operating a cattle feedlot near the plaintiff Del E. Webb Development Company's Sun City, Spur appeals. Webb cross-appeals. "From a judgment permanently enjoining the defendant, Spur Industries, Inc., from operating a cattle feedlot near the plaintiff Del E. Webb Development Company's Sun City, Spur appeals. " As the new community grew in size, it approach defendant's feedlot. Although numerous issues are raised, we feel that it … What were the factors that made the Spur’s activities a nuisance? 25 [108 Ariz. 179] 27 CASE BRIEF 10.1 Spur Industries, Inc. v. Del E. Webb Dev. Lauren Rapaport 2/9/2020 Spur Industries, Inc. v. Del E. Webb Development Co. Case Brief In 1956, Spurs predecessors (Defendant), in conjunction with the Northside Hay Mill and Trading Company, developed cattle feeding lots. Inc., from operating a cattle feedlot near the plaintiff Del E. Webb Development Company’s Sun City, Spur appeals. Rehearing Denied April 18, 1972. Case is famous because of the creative remedy. 17 No. "The facts necessary for a determination of this matter on appeal are as follows. View Spur_case_brief from REAL ESTAT 33:851:350 at Rutgers University. Spur had been operating the feedlot since 1956, and the area had been agricultural since 1911. Reason. From a judgment permanently enjoining the defendant, Spur Industries. Dell Webb “wins” but they have to pay. Case Brief 10.1 Spur Industries Inc. v. Del E. Webb Dev. 23 March 17, 1972. Question 1: What were the factors that made Spur’s activities a nuisance? [W]e feel o Defendant owned cattle feedlots prior to the construction of plaintiff's nearby residential development.. o Plaintiff sued defendant, claiming that the feedlots were a public nuisance because of the flies and odor that drifted toward the development. Spur Inudstries, Inc. v. Del E. Webb Development Co.. Facts: Plaintiff developer, planned a retirement community in the suburbs of Phoenix, Arizona. What are the facts, rule, and conclusion in Spur Industries Inc. v. Del E. Webb Development Co.? Rules. Spur Industries, Inc. v. Del E. Webb Development Co., 494 P.2d 701 (Ariz. 1972) CAMERON, Vice Chief Justice. . The cattle feeding pens and dairy operations grew rapidly over the years. o Df - Spur Industries. Co. 494 P.2d 700 (Ariz. 1972) 1. The feedlot produced unpleasant scents and flies which were blown in the direction of the new community. Navigation. Brendan Grube Case Brief Case Citation/Caption: SPUR INDUSTRIES, INC. V. DEL E. WEBB DEVELOPMENT CO. 494 P.2d 700 (Az. Facts. The remedy is an injunction on condition that the developer pay for Spur to move somewhere where they won’t be a nuisance. These damages are probably awarded because it was foreseeable when they expanded toward the feedlot that this problem would occur. Co. 494. Area in Question. Plantiffs sued to declare the feedlot a public nuisance. o Pl - Del E. Webb. Home » Case Briefs Bank » Property » Spur Industries v. Del Webb Development Case Brief. 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