Dobbs v. Wiggins
Illinois Appellate Court
929 N.E.2d 30 (2010)
- Written by Jamie Milne, JD
Facts
Larry and Frances Dobbs (plaintiffs) were longtime owners of rural property, as were Wayne and Lorena Richard (plaintiffs), who lived down the street. Donald Wiggins (defendant) purchased a property abutting the Dobbses’ and Richards’ properties. Wiggins began breeding, selling, and kenneling dogs. Wiggins had up to 100 dogs onsite at a time. Over the years, as the number of dogs increased, the neighbors began complaining about barking. When the problem persisted, the Dobbses and Richards sued Wiggins, arguing that the barking constituted a private nuisance. They sought an injunction that either prevented Wiggins from kenneling dogs or ordered him to reduce the number and noise. The Dobbses and Richards testified that they had previously enjoyed outdoor activities and having their house windows open but that the near constant barking was audible both on their land and in their homes, preventing those activities and causing stress. Others also attested to the loud, constant barking audible on the Dobbses’ and Richards’ properties. The circuit court granted an injunction limiting Wiggins to no more than six dogs and requiring him to suppress associated noise. Wiggins appealed.
Rule of Law
Issue
Holding and Reasoning (Stewart, J.)
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