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Case Study: Spur V. Del Webb

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Spur v. Del Webb
FACTS: Webb purchased and developed land in an area used for agricultural purposes. Webb sues for an injunction against Spur Industries for public nuisance as a result of the flies and smells blowing to the newly developed area. The lower court granted the injunction based on §36-604 A, which defines public nuisance dangerous to the public health an area which is breeding grounds for flies and other disease carrying vermin.
ISSUE: Can a legally-operated business be barred as a nuisance, and if so, can the business be indemnified if it’s mandated to halt or move its operations?
RULE: The owner of a business enjoined from operating can be indemnified by the entity claiming nuisance.
ANALYSIS: The feedlots had been in existence

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