Pierce v. Riggs

This is a nuisance action in which plaintiff complains that the barking of dogs in a kennel maintained by defendants impairs the quiet enjoyment of his property. Plaintiff sought injunctive relief and monetary damages. The trial court granted defendants’ motion for summary judgment.

Two issues are presented. The first is whether the trial court faced with a motion for summary judgment should have considered an affidavit filed by plaintiff with his complaint prior to defendants’ motion. The second is whether that affidavit created genuine issues of material fact sufficient to defeat the motion…