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

Arizona Supreme Court case involving nuisance law (1972)

Spur Industries v. Del E. Webb Development Co., 108 Ariz. 178, 494 P.2d 700 (1972) is a Supreme Court of Arizona case that demonstrates the principles of nuisance law. It is also used in at least one law school remedies case book to demonstrate special injunction principles.^[1]

The case involves the owner of a livestock feedlot, Spur Industries, and Del E. Webb Development Co., the developer of a retirement community, Sun City, Arizona. Both enterprises beginning small, they eventually grew large and close enough to one another that the stench of manure and the infestation of flies from the feedlot were both affecting current residents of Sun City, and inhibiting future sales. Webb brought suit for an injunction against the further operation of the feedlot. The lower court granted the injunction, ordering Spur to shut down operations.

The court held that the injunction was proper. Distinguishing between private and public nuisances, the former being remedied often only by damages, at least where the costs of injunction are great on the defendant, the court determined that the feedlot was a public nuisance. This decision was made in large part because an Arizona statute called any "place in populous areas which constitutes a breeding place for flies . . . " and other animals that can carry disease is a public nuisance. Determining south Sun City to be a "populous area" the court said that injunction was thus proper.

Given the equities the court crafted a special injunction, however. Citing the "coming to a nuisance" doctrine, which prohibits equitable relief for a homeowner who purchases a home within the reach of the nuisance, the court said that Webb must indemnify Spur for his losses as a result of a move or shutdown of his enterprise. The court reasoned that, whereas the "coming to a nuisance" doctrine usually bars relief, there was a public interest at play here, and Webb's choice to come to the nuisance could not preclude the public from being protected from the nuisance. Thus, the case was remanded for determination of what the damages should be.

References

^ Weaver, Russell L.; et al. (1997). Modern remedies : cases, practical problems, and exercises. St. Paul, Minn.: West Pub. Co. ISBN 978-0-314-21150-7.

External links

Spur Industries v. Del E. Webb Development Co. from the University of Dayton.

United States tort law

Intentional Torts

Assault & Battery	Garratt v. Dailey Katko v. Briney Vosburg v. Putney Picard v. Barry Pontiac-Buick, Inc. Sheridan v. United States
Abuse of process	Hartman v. Moore
intentional infliction of emotional distress	Snyder v. Phelps Hustler Magazine v. Falwell
Trespass to land & Trespass to chattels	Rowland v. Christian CompuServe Inc. v. Cyber Promotions, Inc. Dougherty v. Stepp Intel Corp. v. Hamidi United Zinc & Chemical Co. v. Britt Sioux City & Pacific Railroad Co. v. Stout
Conversion	Haslem v. Lockwood Popov v. Hayashi
Privacy, Publicity rights	Taus v. Loftus Zacchini v. Scripps-Howard Broadcasting Co.
Tortious interference	Redbox Automated Retail LLC v. Universal City Studios LLLP
Defamation	See United States defamation law

Negligence

Duty of care	Brown v. Kendall Trimarco v. Klein Jablonski by Pahls v. United States Kerans v. Porter Paint Co. Palsgraf v. Long Island Railroad Co. Mexicali Rose v. Superior Court
Medical malpractice	Landeros v. Flood Union Pacific Railway Co. v. Botsford Mohr v. Williams Schloendorff v. Society of New York Hospital Tarasoff v. Regents of the University of California Scott v. Bradford
Wrongful death, Loss of consortium	Cahoon v. Cummings Hitaffer v. Argonne Co. Werling v. Sandy
Common employment	Albro v. Agawam Canal Co. Farwell v. Boston & Worcester Railroad Corp. Vance v. Ball State University
Public Authority, Fireman's rule, Negligence per se	Boub v. Township of Wayne Briscoe v. LaHue United States v. GlaxoSmithKline Seong Sil Kim v. New York City Transit Authority United States v. Johnson (1987) Martin v. Herzog Tedla v. Ellman Yount v. City of Sacramento Pearson v. Callahan Saucier v. Katz
Causation	Summers v. Tice Ybarra v. Spangard Ultramares Corp. v. Touche Gross v. FBL Financial Services, Inc.
Negligent infliction of emotional distress	Krouse v. Graham Dillon v. Legg Archibald v. Braverman Thing v. La Chusa Miller v. National Broadcasting Co. Molien v. Kaiser Foundation Hospitals

Nuisance

Public	Spur Industries, Inc. v. Del E. Webb Development Co.
Private	Boomer v. Atlantic Cement Co.

Strict liability

Ultrahazardous activity	Alwin v. State Farm Fire & Casualty Co. Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.
Product liability	Thomas v. Winchester Sindell v. Abbott Laboratories Friend v. Childs Dining Hall Co. Loop v. Litchfield Losee v. Clute Merrell Dow Pharmaceuticals Inc. v. Thompson Geier v. American Honda Motor Co. Chysky v. Drake Bros. Co. Devlin v. Smith

Damages

Joint and several liability	Walt Disney World Co. v. Wood
Comparative negligence	Li v. Yellow Cab Co. Knight v. Jewett Hoffman v. Jones American Motorcycle Ass'n v. Superior Court
Punitive damages	BMW of North America, Inc. v. Gore Liebeck v. McDonald's Restaurants Pearson v. Chung Honda Motor Co. v. Oberg State Farm Mutual Automobile Insurance Co. v. Campbell