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SPUR INDUSTRIES, INC. v. DEL E. WEBB DEVELOPMENT CO.

No. 10410.

108 Ariz. 178 (1972)

494 P.2d 700

SPUR INDUSTRIES, INC., an Arizona corporation formerly Spur Feeding Co., an Arizona corporation, Appellant and Cross-Appellee, v. DEL E. WEBB DEVELOPMENT CO., an Arizona corporation, Appellee and Cross-Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 18, 1972.

Attorney(s) appearing for the Case

Snell & Wilmer, by Mark Wilmer, and John Lundin, Phoenix, for appellant and cross-appellee.

L. Dennis Marlowe, Tempe, for appellee and cross-appellant.

CAMERON, Vice Chief Justice.

From a judgment permanently enjoining the defendant, Spur Industries, Inc., from operating a cattle feedlot near the plaintiff Del E. Webb Development Company's Sun City, Spur appeals. Webb cross-appeals. Although numerous issues are raised, we feel that it is necessary to answer only two questions. They are:

1. Where the operation of a business, such as a cattle feedlot is lawful in the first instance, but becomes a nuisance...

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