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Show Page 8 . Feedlot Odor Moved By Court Action The Arizona Supreme Court last April handed down a decision which will'undoubtedly be quoted many times in the future. The decision involved a suit filed by the Del E. Webb Company, developers of the big retirement city, Sun City, in Arizona against Spur industries which operated a feedlot adjacent to Sun City. The feedlot was in operation three years before the development of Sun City was begun in 1959. The suit sought to have the feedlot closed because of the odor nuisance from it. In its unanimous decision, the Court ruled that while the feedlot was both a private and public nuisance to residents, it was a Utah Farm Bureau News pointed out there was no indication when the feedlot started that adjoining land would be developed into a dty and he added Spur is required to move not for any wrongdoing on its part, but because of the regard of the court for the rights and interest of the public. In a sense Spur lost because it was forced to move, but it won lawful business and must be because the plaintiff is forced to protected from encroachment by cost the of the move. The cost others. The Court ruled that the pay of the move will be sizeable. The feedlot must be moved, but it also ruled that the developers of Sun yard has a capacity of 35,000 head, with an investment of two and one-ha- lf Gty must pay Spur Industries for million dollars which included the cost of making the move. afeedmill. The Court ruled that the The decision handed down by feedmill could continue to be Justice James Duke Cameron operated during the phase out process, but the cost of hauling the feed to the new lot 65 miles away would also have to be born by Sun Gty. This added $500 a day to operating costs. Spur, previously to the decision, has spent thousands of dollars odor trying to eliminate the in unsuccessful but were problem, doing so. An interesting sidelight is the fact that many of the Sun City resklents did not know the feedlot was adjacent to the development when they bought their homes. They discovered it only when the wind started blowing from the lot. On February 27, 1972 a lower court had ruled in favor of Sun City and ordered Spur to move all cattle June 1972 within seven days. Spur promptly appealed this decision to the State Supreme Court which granted an injunction until the present ruling was handed down. Spur will be permitted to ship the cattle at their normal marketing time, but no more new ones will be allowed. So soon there will be no cattle in the feedyard next to which a big developer came in and built a city. The yard will be closed not for any wrongdoing on its part, but because of the regard of the court for the rights and interests of the public. This plus the fact that the court has ordered the developer to pay for the costs of moving makes Webb vs. Spur a landmark decision. and be CONFIDENT your arrival home will be as pleasant as the vacation: CHECK THE FOLLOWING -- Is . . . Car insured for unexpected losses or injuries? Copy of insurance policy information, address and phone in case of emergency available? Home adequately insured for losses that may occur while away? Home properly prepared for your vacation, doors locked, one light left on, a trusted neighbor to "watch" property, collect mail, mow lawns, etc.? VACATION Visit your FARM BUREAU INSURANCE AGENT! BE SAFE, BE SURE, THIS UTAH FARM BUREAU INSURANCE COMPANY 629 East 4th South Salt Lake City, Utah 84102 |