Toftoy v. Rosenwinkel

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 113569
Decision Date: 
November 29, 2012
District: 
2d Dist.
Division/County: 
Kendall Co.
Justice: 
BURKE
Holding: 
Appellate court reversed; circuit court reversed; remanded.
Farm Nuisance Suit Act bars Plaintiffs' nuisance suit against a neighboring cattle farm, claiming that excessive number of flies coming from farm substantially interfered with the use and enjoyment of their home. Plaintiffs did not acquire their property rights in their land until six years after Defendants' cattle farm began operating, which was beyond the one-year limitation of Section 3 of the Act; thus, Plaintiffs came to the nuisance and are barred from filing nuisance suit. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)