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In reaching its conclusion in Spur Industries, Inc. v. Del E. Webb Development Co., the Supreme Court of Arizona made much of the distinction between a public and a private nuisance.

The court said that for a private nuisance, where the injury is only to a few individuals, a payment of money damages would adequately deal with the situation.

But when a large number of people are involved, so that the nuisance is public, the Court says that the appropriate course is to enjoin the nuisance.

Is this reasoning consistent with Calabresi and Melamed's theory of protecting entitlements? Why/why not?

Operation Management, Management Studies

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