McNichols v. J. R. Simplot Co.

GIVENS, Justice.

May 1944 respondents purchased eleven acres and constructed thereon a plant for producing commercial phosphate fertilizer, commencing operation thereof in December of the same year, and enlarging the plant in 1947.

Appellants, in 1940, purchased some three acres of land northeast of respondents’ property and separated therefrom by the Union Pacific R. R. Company’s east and west main line, and the State Highway; remodeled a residence thereon and began to occupy it about April. 1946 and at the same time started construction of a building for a night club on the property a short…