Toftoy v. Rosenwinkel

983 N.E.2d 463 (2012)

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Toftoy v. Rosenwinkel

Illinois Supreme Court
983 N.E.2d 463 (2012)

DD

Facts

Ken Rosenwinkel (defendant) was a property owner. In 1992, Rosenwinkel began using his property as a cattle farm. In 1998, Roger and Bobbie Toftoy (plaintiffs) acquired ownership of a property that was across the street from Rosenwinkel’s cattle farm. The Toftoys acquired the property from its previous owner. Subsequently, the Toftoys brought suit, contending that the flies emanating from Rosenwinkel’s cattle farm were a nuisance. The trial court ruled in favor of the Toftoys, and the appellate court affirmed. Rosenwinkel appealed to the Illinois Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

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