Logourl black
From our private database of 14,000+ case briefs...

Dobbs v. Wiggins

Illinois Appellate Court
401 Ill. App. 3d 367 (2010)


Facts

Larry and Frances Dobbs (plaintiffs) owned a rural parcel of land for 30 years. Donald Wiggins moved in next door and began breeding, selling, and kenneling dogs. Wiggins had up to 100 dogs on his property at one point.  As Wiggins increased the number of dogs on his property, neighbors began complaining. Upon a complaint from the Dobbses, Wiggins attempted unsuccessfully to mitigate the noise. The Dobbses sued Wiggins, seeking an injunction on the ground that Wiggins’s barking dogs constituted a nuisance. The Dobbses testified that the noise from Wiggins’s dogs prevented them from enjoying their land as they had before Wiggins moved in. The Dobbses had often kept their windows open, done yard work, sat outside, and hosted people outside. Friends of the Dobbses also testified to the substantial noise of the barking dogs. A witness for Wiggins testified that he heard barking, but it was not loud, and he did not think it was disturbing. The circuit court found that Wiggins’s rural land was an appropriate area for a dog kennel, but that the harmful impact on the Dobbses of Wiggins’s kenneling business was greater than the usefulness of Wiggins’s kennels. The circuit court granted a permanent injunction limiting Wiggins to having no more than six dogs at one time. Wiggins appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Stewart, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.