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Mitchell v. Hines

Michigan Supreme Court
9 N.W.2d 547 (Mich. 1943)


Facts

Bashine Plybon (defendants) rents a farm. Since at least 1935, she has operated a piggery on the farm and fed the pigs garbage from nearby cities. The garbage is dumped into a field, including the bodies of any dead animals collected along with the garbage. The number of pigs increased from roughly 200 in 1935 to roughly 400 in 1940. During the spring, summer, and fall of 1941, the odors produced by the piggery were so revolting as to greatly impair the enjoyment of nearby homes. The owners of those homes (plaintiffs) brought suit against the defendants. The revolting odors returned during the warmer months of 1942, while the trial was conducted. The trial court found that the piggery was a nuisance, and enjoined the defendants from transporting any additional garbage to the field. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (North, J.)

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  • 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.).

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