Tichenor v. Vore
Missouri Court of Appeals
953 S.W.2d 171 (1997)
The Vores (defendants) kept about 16 Australian Shepherd show dogs in a kennel on their semi-rural property, with the dogs barking for most of every day and sometimes at night; neighbors including the Tichenors (plaintiffs) sued for private nuisance, testifying the barking prevented sleep (sometimes requiring earplugs), frazzled their nerves, and prevented them from working in their yards, using their back porches, or enjoying other outdoor activities. The trial court found for the plaintiffs and enjoined the Vores from keeping more than two dogs, and the Vores appealed.
Whether, to recover for the tort of private nuisance, a plaintiff must prove that a defendant unreasonably interfered with the plaintiff's use and enjoyment of her land.