Barking dogs and the “dainty way of life”

June 18, 2013

  • 279 Nuisance
  • 279I Private Nuisances
  • 279I(A) Nature of Injury, and Liability Therefor
  • 279k3 What Constitutes Nuisance in General
  • 279k3(10) k. Keeping and Slaughter of Animals.

279 NuisanceEvidence that barking from dogs housed in adjacent property owned by kennel operator could be heard inside neighbors’ houses, that it continued for extended periods at all hours of day and night, and that although neighbors were not unduly sensitive, delicate, fastidious, or pursuing a dainty way of life, they had to curtail outdoor activities because of the noise, was sufficient to establish that the barking noise emanating from the property was substantial, supporting neighbors’ private nuisance claim against adjacent property owner.
Dobbs v. Wiggins, 929 N.E.2d 30 (Ill. App. Ct. 2010)
Suggested by Marianne Jennings, Professor Emeritus; Arizona State University, Tempe, AZ