Carpenter v. The Double R Cattle Company, Inc

669 P.2d 643 (1983)

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Nature of the Case

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Facts

Carpenter (Ps) are homeowners who live near a cattle feedlot owned and operated by D. Ps filed a complaint alleging that the feedlot had been expanded in 1977 to accommodate the feeding of approximately 9,000 cattle. Ps further alleged that 'the spread and accumulation of manure, pollution of river and groundwater, odor, insect infestation, increased concentration of birds, . . . dust and noise' allegedly caused by the feedlot constituted a nuisance. A jury found that the feedlot did not constitute a nuisance. The trial court then also made findings and conclusions that the feedlot did not constitute a nuisance. Ps assigned as error the jury instructions which instructed the jury that in the determination of whether a nuisance exists consideration should be given to such factors as community interest, utility of conduct, business standards and practices, gravity of harm caused, and the circumstances surrounding the parties' movement to their locations.