Armory Park Neighborhood Association v. Episcopal Community Services In Arizona

712 P.2d 914 (1985)

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Nature of the Case

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Facts

D opened the St. Martin's Center, whose only purpose was to provide one free meal a day to indigent persons. The Center is located on Arizona Avenue, the western boundary of the Armory Park district. P is devoted to improving, maintaining, and ensuring the quality of that neighborhood. P sued D seeking to enjoin it from operating its free food distribution program. P alleged that D's activities constituted a public nuisance. P alleged that neighborhood residents had sustained injuries from D's patrons who trespassed onto residents’ yards, and at times urinating, drinking, or littering. A few broke into storage areas and unoccupied homes, and some asked residents for handouts. The number of arrests in the area increased dramatically. Many residents were frightened or annoyed by the transients and altered their lifestyles to avoid them. The court granted P's preliminary injunction enjoining D from continuing the program and denied D's motion to dismiss. The court noted that D could be enjoined because its activities constituted both a public and a private nuisance. D appealed. The court of appeals reversed; a criminal violation was a prerequisite to a finding of public nuisance, and because P had alleged no criminal violation, the injunction was improperly granted. The court held that compliance with zoning provisions was a complete defense. P appealed.