Dobbs v. Wiggins 

Illinois Appellate Court
Civil Court
Declaratory Actions
Citation
Case Number: 
No. 5-09-0416
Decision Date: 
Friday, April 30, 2010
District: 
5th Dist.
Division/County: 
Jefferson Co.
Holding: 
Affirmed in part, reversed in part; remanded.
Justice: 
STEWART
Neighbors, who resided in rural area on dead-end road, sued their neighbor, who for the past 12 years operated kennels for raising and training bird dogs, to enjoin private nuisance as the more than 69 dogs barked day and night. Evidence was sufficient to establish nuisance, including testimony that it sounded like thousands of dogs were barking. Court properly admitted sound recordings of dogs barking, as proper foundation laid to establish the sound as heard from the Plaintiffs' property. Court's permanent injunction, which limited Defendant to have no more than six dogs, was unreasonable, as evidence showed that Defendant might be able to correct the nuisance by reducing the number of dogs to some number between 6 and 69, and by taking other measures.