Lorenzi v. Star Market Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for the County of Bonner. Hon, Robert N. Dunn, Judge. Action for perpetual injunction. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the Eighth Judicial District, for the County of Bonner. Hon, Robert N. Dunn, Judge. Action for perpetual injunction. Judgment for plaintiff and defendant appealed. “Where a use of a property is found to be a nuisance, it is proper to allow the defendant a reasonable time to rearrange and remodel his appliances so they will not further operate as a nuisance, or to remove his plant before an injunction against the business or use is allowed to take effect.” (29 Cyc. 1250.) “Where the business or use of property alleged to be a nuisance is lawful and can be…
1Opinion of the CourtAilshie, Presiding J.
This is an appeal from a judgment and an order denying a motion for a new trial.
The action was instituted by the plaintiff to secure a perpetual injunction restraining defendant from the maintenance óf a nuisance. The alleged nuisance consists in the escape of smoke and foul and offensive odors from the defendant’s building, wherein it conducts a meat market and smoking and rendering establishment for smoking meats and rendering lard and making sausages, etc. The court, after hearing the proofs, granted a perpetual injunction against the defendant carrying on the business of smoking and…
2Cases cited3 opinions
- Green v. LakeMississippi Supreme Court · 1877
- McMenomy v. BaudCalifornia Supreme Court · 1890
- Weaver v. KuchlerSupreme Court of Oklahoma · 1906
3Cited by9 opinions
- Mackenzie v. Frank M. Pauli Co.Michigan Supreme Court · 1919
- Redmond v. State Ex Rel. Attorney-GeneralMississippi Supreme Court · 1928
- McNichols v. J. R. Simplot Co.Idaho Supreme Court · 1953
- Smith v. Mercy HospitalIdaho Supreme Court · 1939
- Scott v. StateSupreme Court of Delaware · 1955
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