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Tichenor v. Vore

Missouri Court of Appeals
953 S.W.2d 171 (1997)


Facts

James, Patricia, and Carl Vore (defendants) lived in a semi-rural area. They built a dog kennel for their Australian Shepherd show dogs. They usually had about 16 dogs living in their kennel at any given time. The dogs barked for most of every day and sometimes at night. Several neighbors, including Charles and Shirley Techenor (plaintiffs), sued the Vores. The plaintiffs alleged that the dogs were a private nuisance that unreasonably interfered with the plaintiffs’ use and enjoyment of their property. At trial, the Tichenors testified that were unable to sleep at night because of the dogs barking, and sometimes wore ear plugs. Additionally, their nerves were frazzled, and they were unable to work in their yard, use their back porch, or enjoy other outdoor activities on their property because of the incessant barking. Other neighbors testified that the barking adversely affected their nerves and their sleeping. The trial court found in favor of the plaintiffs, enjoining the Vores from keeping more than two dogs on their property. The Vores appealed.

Rule of Law

Issue

Holding and Reasoning (Barney, J.)

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