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Spur Industries, Inc. V. Del E. Webb Development Case Study

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In Spur Industries, Inc. v. Del E. Webb Development Co., the owner of a livestock feedlot, Spur Industries, and the developer of a retirement community, Webb Development, the feedlot was affecting the residents of the retirement community. The feedlot was affecting the retirement community by the smell of the manure and the infestation of flies. Webb Development sued for an injunction against the further operation of the feedlot. Some facts of the case are as follows. Farming started in the area as early as 1911. Later on, the area developed into an urban area with several retirement communities. Spur Industries (Defendant), developed cattle feedlots in the area in 1956. Webb Development (Plaintiff), began developing an urban area near the feedlots. Webb Development filed a complaint in 1967 stating that the approximately 1,300 lots were unfit for residential development because of how close the…show more content…
Atlantic Cement, landowners with property adjacent to a cement plant sued Atlantic Cement. They sued alleging that dirt, smoke, and vibration from the cement plant caused nuisance. The trial court agreed and awarded damages, but rejected the request for an injunction to get rid of the problem. Some facts of the case are that Atlantic Cement Co. (Defendant) operated a large cement plant. The plaintiffs are the neighboring property owners. They filed suit seeking an injunction and damages for injury to property. The lower courts ruled that it was a nuisance, but found that the value of the Defendant’s operation outweighed the consequences of the injunction. The plaintiffs appealed this. The issue that arises is against current state policy, could a single recovery be had without the court issuing a permanent injunction? The appeal was successful and the court granted the injunction. This injunction will be vacated upon the payment of permanent damages to Plaintiffs. This payment would compensate them for present and future economic loss to their
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