Dobbs v. Wiggins
Illinois Appellate Court
929 N.E.2d 30 (2010)
After Wiggins (defendant) grew his dog-breeding and kenneling operation to as many as 100 dogs on rural land next to the longtime home of the Dobbses (plaintiffs), causing noise that prevented them from enjoying their property as they previously had despite Wiggins's unsuccessful attempts to mitigate it, the circuit court found the harm to the Dobbses outweighed the kennel's usefulness and granted a permanent injunction limiting Wiggins to no more than six dogs at a time; Wiggins appealed.
Whether, to maintain a claim for private nuisance, a plaintiff must prove that the alleged invasion of the plaintiff's right to use or enjoy his or her property is substantial, intentional or negligent, and unreasonable.