Ensign v. Walls

323 Mich. 49, 34 N.W.2d 549 (1948)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D raises, breeds and boards St. Bernard dogs. P are nearby property owners. P sued for injunctive relief, claiming that the obnoxious odors always coming from D's premises and the continual barking of the dogs interfered with and disturbed Ps in the use and enjoyment of their property. D denied that her business was a nuisance. D also stated that she had been in this business for about twenty years and had spent considerable time and money in the business. D claims that P is not entitled to the injunction, particularly since most of the Ps had just recently moved into the area, and thus were aware of D's business. The court found that D's business represented a nuisance to P and that D had not acquired by prescriptive use the right to continue the nuisance. D appealed.