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

494 P.2d 700 (1972)

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Nature of the Case

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Facts

Spur Industries, Inc. (D) owned a feedlot. D’s predecessors in interest developed the lot in 1956. By 1959 there were 25 cattle feeding pens or dairy operations within a seven-mile radius of D’s lot. In May of 1959, Del Webb's (P) began the development of a retirement community on what was once farmland. In 1959, P started construction of the golf course on his 20,000-acre development. In 1960, D purchased the property and began a rebuilding and expansion program extending both to the north and south of the original facilities. Those expansion plans were finished in 1962 with the operation going from 35 acres to 114. Meanwhile in 1960, P offered his first homes for sale, and by May 1960 there were about 500 homes completed or under construction. At that time, P did not consider odors from D’s lots a problem. Eventually, sales resistance became so great that the parcels near the feed lot were almost impossible to sell. Sun City retirement community expanded to within 500 feet of D. P claimed that D's operation was a public nuisance and sought a permanent injunction against D's continued operations. At that time and with the filing of the suit, D was feeding 20-30,000 head per day with each head producing 35-40 pounds of wet manure per day. The resulting odor from over 1 million pounds of manure and the flies was no doubt unhealthy for any parties living nearby. A public nuisance under state law was defined as any condition or place in populous areas which constitutes a breeding place for disease-carrying flies, rodents, mosquitoes, etc. The trial court found that some of P's clients were unable to enjoy the outdoor living that P had advertised, and that prospective purchasers were being discouraged. The court issued an injunction and denied any compensatory relief to D. D appealed.