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

Supreme Court of Arizona

494 P.2d 700 (1972)

Facts

Del E. Webb Development Co. (plaintiff) was developing a retirement community for senior citizens on land it purchased adjacent to a plot owned by Spur Industries, Inc. (Spur) (defendant). Spur was a company involved in the raising of cattle. Webb Development’s purchase of its land occurred after the initial presence of the cattle farm. Webb Development brought suit against Spur because it argued that the smell from the cattle operations was a nuisance, and should be enjoined. The trial court agreed with Webb Development. Spur petitioned for certiorari to the Supreme Court of Arizona.

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Holding and Reasoning (Cameron, J.)

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