Wernke v. Halas

Wernke (defendant) built a privacy fence under six feet tall entirely on his own property along the boundary with the Halases (plaintiffs), decorated it on their side with vinyl strips, a license plate, and orange construction fencing, and had concrete support posts vandalized with graffiti while wet; he later mounted a toilet seat on plywood overlooking the Halases' property, also entirely on his own land, with nothing encroaching on theirs. The Halases sued claiming the fence, graffiti, and toilet were nuisances, and the trial court granted them summary judgment, finding each an illegal nuisance; Wernke appealed.

Whether a structure can constitute an illegal nuisance based solely on its displeasing aesthetics.