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Baldwin v. McClendon

288 So. 2d 761 (1974)

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Baldwin v. McClendon

Alabama Supreme Court

288 So. 2d 761 (1974)

Facts

Homeowners James and Ethel McClendon (the McClendons) (plaintiffs) sued neighboring hog-parlor operators Robert Baldwin and W. J. Bottcher (hog farmers) (defendants) and alleged that the hog-parlor operations constituted a nuisance and sought an injunction and damages. The McClendons specifically complained that the disposal of hog waste caused the emission of offensive odors onto the McClendon’s property that caused the McClendons to suffer stomach upset, keep their doors and windows closed, and ruined all outdoor recreation. The trial court found that the hog parlor was an obnoxious nuisance and entered a decree enjoining the hog farmers from operating the hog parlor unless within 30 days the hog farmers paid $3,000 in damages, in which case the injunction would not go into effect. The hog farmers appealed and argued that because the hog parlor was legally operated, met all sanitary standards, and was in a rural community, the McClendons should expect to endure some unpleasantness and not be permitted to enjoin the hog farmers’ legal business.

Rule of Law

Issue

Holding and Reasoning (McCall, J.)

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