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PAYNE v. SKAAR

No. 20392.

900 P.2d 1352 (1995)

127 Idaho 341

Rodney C. PAYNE, James Solecki and Marci Solecki, husband and wife, Donald Purcell and Peggy Purcell, husband and wife, John R. Ferebauer, Rex Brown and Kaye Brown, husband and wife, John Kelly and Janice Kelly, husband and wife, Scott Haroldsen and Pat Haroldsen, husband and wife, Hart L. Grover and Laura Grover, husband and wife, Brent Holland and Karalyn Holland, husband and wife, Donald M. Watson and Maxine Watson, husband and wife, Ladene Gardner, and individual, Burnell Clark and Ruth Clark, husband and wife, Dwight Taylor and Carol Taylor, husband and wife, John Does 1 through 20, individuals. Plaintiffs-Respondents-Cross Appellants, and The City of Idaho Falls, a municipal corporation, Plaintiff-Respondent, v. Keith SKAAR and Cherie Skaar, husband and wife; and Keith Skaar Farms, Inc., an Idaho Corporation, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, January 1995 Term.

August 10, 1995.

Attorney(s) appearing for the Case

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, Boise, for appellants. J. Walter Sinclair argued.

Hopkins, Roden, Crockett, Springer & Hoopes, Idaho Falls, Dale W. Storer for respondents. C. Timothy Hopkins argued.

SILAK, Justice.

In this nuisance case, the named plaintiffs are a group of landowners near Idaho Falls (hereafter "Citizens"). They filed a lawsuit against Keith and Cherie Skaar, and Keith Skaar Farms, Inc. (collectively "Skaar"), the owners and operators of a cattle feedlot near Idaho Falls. The lawsuit sought to stop Skaar from operating the feedlot in a manner that causes intolerable odors, dust, and flies in Citizens' neighborhood. The district court found the...

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