Plaintiffs filed a "private temporary nuisance action" against Defendants, alleging that their hog farming operations created foul and obnoxious odors that interfered with Plaintiffs' use and enjoyment of their neighboring properties. Jury verdict for Defendants. Court erred in denying Defendants' motion for reasonable attorney fees, as a prevailing defendant is entitled to recover aggregate costs and expenses reasonably incurred in the defense of a nuisance action, with reasonable attorney fees, under section 4.5 of the Farm Nuisance Suit Act. Section 4.5 is not arbitrary and does not violate the especial legislation clause or separation of powers clause of the Illinois Constitution or the equal protection clause. Facebook posts made by one juror after verdict do not show that juror was biased or that she lied during voir dire. Court did not err in refusing to give adverse-inference jury instruction, as court found that "missing evidence" was cumulative. (STEIGMANN and HOLDER WHITE, concurring.)
Illinois Appellate Court
Civil Court
Nuisance