494 P.2d 700 (Ariz. 1972)
Spur Industries v. Del E.
Whether Spur Industries should be enjoined as a public nuisance, despite Webb's developmental activities having 'come to the nuisance'.
The 'coming to the nuisance' doctrine implies that a party who knowingly moves to an area with pre-existing conditions cannot later claim those conditions as a nuisance. However, an injunction may still be warranted if the nuisance affects public health and well-being.
The court held that Spur Industries' operations constituted a public nuisance, thus an injunction was justified. However, it also ruled that Del E. Webb needed to indemnify Spur Industries for the expenses of relocating the feedlot.
Spur Industries v. Del E. Webb is significant because it is a leading case in balancing the rights of private enterprises against urban development pressures. The case illustrates how courts can innovate equitable solutions that consider the economic realities and expectations of both parties. It also provides an important precedent on how the courts may shift the financial consequences of legal remedies in property disputes, particularly when one party has benefited from and contributed to the situation.