Verdict

Spur Industries, Inc. v. Del E. Webb Development Co. · Supreme Court of Arizona · 1972

What's the fair result?

Short answer: It moves, but the developer pays.

The facts. A cattle feedlot had operated for years in the Arizona desert. A developer then built Sun City, a retirement community, nearby, and sales suffered from flies and smell. The developer sued to shut the feedlot down.

The ruling. Spur Industries v. Del E. Webb (1972): The court ordered the feedlot to close for the public's sake, but required the developer who brought people to the area to pay for its move.

This is a rare case in which the winner has to pay the loser. Law and economics scholars love it for that reason.

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