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Torts Keyed to Epstein
Ensign v. Walls
Facts
Defendant raises and breeds St. Bernard dogs. Plaintiffs are nearby property owners and neighbors. Plaintiffs sued for injunctive relief. The complaint alleged that obnoxious odors came from Defendant’s premises and the continual barking of the dogs interfered with and disturbed the Plaintiffs in the use and enjoyment of their respective properties. Plaintiffs also stated that Defendant’s premises were infested with rats and flies, and that on occasion, dogs escaped from their premises and roamed the neighborhood. Defendant claimed that Plaintiffs are not entitled to the injunction, because many of the Plaintiffs had just recently moved into the area, and were aware of Defendant’s business prior to their move. The court found that Defendant’s business represented a nuisance to Plaintiffs, and that Defendant had not acquired the right to continue the nuisance by prescriptive use of the property. Defendant appealed.
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