Larry Dobbs, Frances Dobbs, Wayne Richard, and Lorena Richard live in rural Illinois next to Donald Wiggins.
Question:
Larry Dobbs, Frances Dobbs, Wayne Richard, and Lorena Richard live in rural Illinois next to Donald Wiggins. The Dobbses and Richards have lived on their properties for 30 years. Mr. Wiggins purchased his property in 1995 and built a home and dog kennels on that property and began raising, training, and kenneling dogs.
At first, Wiggins did not have many dogs, and the dogs did not bark much. However, the noise from barking dogs kenneled on Wiggins’s property grew worse over time. Larry planted a row of cedar trees on his property to try and cut down on the barking noise.
However, the Dobbses’ house was approximately 200 to 250 yards from a barn where Wiggins kenneled many of his dogs. The barking was constant, day and night. The dogs might bark for two straight hours, take a break, and start barking again, but there was never any extended period of time in which they completely quit barking. There was rarely a complete hour in which the dogs did not bark. The dogs barked more when they were being fed or when they thought they were going to be taken out of their kennels. In addition, deer and other wildlife running across the property and coyotes howling at night tended to stir up the dogs.
The Dobbses and Richards filed suit seeking an injunction against the dog kenneling operation, and at that time there were a total of 69 dogs on Wiggins’s property. Based on your study of nuisances in this chapter, explain what the court should do. [Dobbs v Wiggins, 929 N.E.2d 30 (Ill. App. 2010)]
Step by Step Answer:
Business Its Legal Ethical and Global Environment
ISBN: 978-1337103572
11th edition
Authors: Marianne M. Jennings