Spur vs Webb/Ploof vs Putnam

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Spur vs Webb/Ploof vs Putnam

III. Spur vs Webb IV. Ploof vs Putnam


Lecture number:
7
Pages:
2
Type:
Lecture Note
School:
Cornell University
Course:
Econ 4040 - Economics and the Law
Edition:
1

Unformatted text preview:

Lecture 7 Outline of Last Lecture I. Trump Tower II. Prah vs Maret Outline of Current Lecture III. Spur vs Webb IV. Ploof vs Putnam Current Lecture Spur vs Webb: Developer sued to permanently enjoin a cattle feedlot operation that was in close proximity to a residential development it was creating. The feedlot owner counterclaimed for indemnification from the developer if it was enjoined from operation. Synopsis of rule of law: In the proper circumstances, an owner of a lawful business that is enjoined from operating because his business is found to be a nuisance can seek indemnification from the individual successful in claiming the nuisance Facts. Farming started in the area at issue as early as 1911. Later, the area developed into an urban area with several retirement communities being built. The Defendant, Spur Industries (Defendant), developed cattle feedlots in the area in 1956. The Plaintiff, Del E. Webb Development Co. (Plaintiff), began development of an urban area near the feedlots. Plaintiff filed a complaint in 1967 stating that the approximately 1,300 lots were unfit for residential development because of the feedlots proximity to the lots, therefore the feedlots constituted a public nuisance. The trial court permanently enjoined the defendant from operating the feedlots. Issue. Two issues were examined on appeal: Where a business is being operated in a lawful manner, may the operation be enjoined as a nuisance? If the operation is enjoined as a nuisance, may the developer who requested the enjoinment be required to indemnify the business owner. Ploof vs Putnam Fact Summary: To escape a storm: Ploof tied his boat to Putnam’s defendant’s dock. Defendant untied plaintiff’s boat. Plaintiff and his family were injured and the boat was destroyed. Synopsis of Rule of Law. Necessity will justify entries upon land and interferences with personal property that would otherwise have been trespass. Econ 4040 1st Edition



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