Hobbs v. Smith

We granted certiorari in this case to consider petitioner’s argument that the decision of the Court of Appeals in Hobbs v. Smith, 29 Colo. App. 301, 484 P.2d 804 is contrary to the decision of this court in Robinson Brick Co. v. Luthi, 115 Colo. 106, 169 P.2d 171. The Court of Appeals affirmed a trial court judgment which granted an injunction prohibiting the continuation of circumstances which constituted a private nuisance. The petitioner interprets the Robinson case to stand for the proposition that when legislative authorities, by zoning ordinances, permit an act or a particular use of…