Gisela Aguilar
February 8, 2024
LAW 402B
Class 18 Case Brief
Spur v. Del Webb Development Co.
Facts:
The defendant had been running a cattle feedlot since before 1950. In 1956, the plaintiffs
established a residential community near the feedlot. The plaintiffs sought a permanent
injunction prohibiting the feedlot's operation. The trial court ruled in favor of the plaintiffs and
granted the injunction.
Issue:
Two issues are at hand: whether a legally operated business can be considered a nuisance and if
Plaintiff must indemnify Defendant if the company is deemed so.
Rule:
If a lawful business is deemed a nuisance and prohibited from operating, the owner can seek
indemnification from the claimant.
Analysis/Argument:
The plaintiff claims that the defendant's feedlot is causing a public nuisance due to the presence
of flies and an unpleasant odor. However, the defendant argues that if the plaintiff wishes to stop
his business, they should compensate him for relocating. After hearing both sides, the court
concluded that the feedlot was causing public and private nuisances. An activity becomes a
public nuisance if it affects many people or the entire community, while a private nuisance
involves a small number of people or an individual's private rights. In terms of compensation, if
