Thomson v. Greve

Ron and Nancy Greve (defendants) installed a wood-burning stove as their primary heat source; neighbors Elmer and Phyllis Thomsen (plaintiffs) testified smoke entered their house roughly 140 times over four years, smelled noxiously of what they believed was burning creosote, made them physically ill, sometimes prevented sleep, forced them to leave their home, filled their clothes dryer with smoke smell, and kept them from having visitors. The Greves denied burning creosote, and while three neutral witnesses (a police chief and two village board members) didn't smell creosote specifically, they did smell a strong smoke odor in and around the Thomsens' house, with no other identified smoke source; the trial court found a nuisance, ordered the Greves to raise their chimney and burn only clean, dry firewood, but found the Thomsens had failed to prove damages, and both sides appealed.

Whether intentionally interfering with others' use and enjoyment of their home by subjecting them to odor and smoke is a nuisance.