Ensign v. Walls
Michigan Supreme Court
34 N.W.2d 549 (Mich. 1948)
Walls (defendant) had operated a dog breeding and boarding business near Ensign's (plaintiff) property since 1926, before Ensign and other families moved into the neighborhood; Ensign sued alleging the business caused noxious odors, rodent and fly infestations, escaped dogs, and constant barking that interfered with his property's use and enjoyment, and the trial court found the business a nuisance, rejecting Walls's argument that her long operation and investment in the business, and Ensign's awareness of it before moving in, should defeat liability.
Whether a defendant charged with creating a nuisance may defend himself by stating that the plaintiff was aware of and willingly "came to" the nuisance before complaining.