Armory Park Neighborhood Association v. Episcopal Community Services in Arizona case brief
712 P.2d 914 (Ariz. 1985)
SYNOPSIS:
Plaintiff association appealed the order from the Court of Appeals, Division Two (Arizona), which vacated a preliminary injunction in plaintiff's nuisance suit against defendant services provider after defendant opened a neighborhood center to provide one free meal a day to indigent persons.
OVERVIEW: After defendant services provider opened a neighborhood center which provided one daily free meal to indigent persons, plaintiff association sued services provider, claiming acts of patrons injured residents, causing a nuisance. When the appellate court vacated a preliminary injunction, association appealed. The court affirmed.
HOLDING:
Acts allegedly committed by the patrons of the neighborhood center affected residents' use and enjoyment of real property.
ANALYSIS:
-The damage was special in nature and different in kind from that generally experienced by residents. -The residents of the neighborhood could sue to recover damages for or enjoin the maintenance of a public nuisance.
-The services provider's activity could be enjoined upon the showing of a causal connection between that activity and harm to the residents.
-Testimony supported the trial judge's finding of a causal link between the acts of services provider and the injuries suffered by residents.
-Evidence of the multiple trespasses upon and defacement of the residents' property supported the trial court's conclusion that the interference caused by the operation was unreasonable despite its charitable cause.
OUTCOME: The court affirmed the order which granted a preliminary injunction to plaintiff association and remanded because acts allegedly committed by patrons of the neighborhood center affected residents' use and enjoyment of property so that residents could sue to recover damages for or enjoin the maintenance of a public nuisance. The opinion of the court of appeals was vacated.
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712 P.2d 914 (Ariz. 1985)
SYNOPSIS:
Plaintiff association appealed the order from the Court of Appeals, Division Two (Arizona), which vacated a preliminary injunction in plaintiff's nuisance suit against defendant services provider after defendant opened a neighborhood center to provide one free meal a day to indigent persons.
OVERVIEW: After defendant services provider opened a neighborhood center which provided one daily free meal to indigent persons, plaintiff association sued services provider, claiming acts of patrons injured residents, causing a nuisance. When the appellate court vacated a preliminary injunction, association appealed. The court affirmed.
HOLDING:
Acts allegedly committed by the patrons of the neighborhood center affected residents' use and enjoyment of real property.
ANALYSIS:
-The damage was special in nature and different in kind from that generally experienced by residents. -The residents of the neighborhood could sue to recover damages for or enjoin the maintenance of a public nuisance.
-The services provider's activity could be enjoined upon the showing of a causal connection between that activity and harm to the residents.
-Testimony supported the trial judge's finding of a causal link between the acts of services provider and the injuries suffered by residents.
-Evidence of the multiple trespasses upon and defacement of the residents' property supported the trial court's conclusion that the interference caused by the operation was unreasonable despite its charitable cause.
OUTCOME: The court affirmed the order which granted a preliminary injunction to plaintiff association and remanded because acts allegedly committed by patrons of the neighborhood center affected residents' use and enjoyment of property so that residents could sue to recover damages for or enjoin the maintenance of a public nuisance. The opinion of the court of appeals was vacated.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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