Wade v. Fuller

CALLISTER, Justice.

Defendants own and operate a business, known as the “Polar King”, in Magna, Utah. It is a drive-in cafe from which is served ice cream, sandwiches, soft drinks and the like. Plaintiffs, who are owners and dwellers of nearby residences, brought an action to enjoin the defendants from conducting their business, claiming the same to be a nuisance, and seeking damages.

The lower court, sitting without a jury, found that the operation of defendants’ business had unreasonably interfered with plaintiffs’ comfortable enjoyment of their lives and property and entered a decree…