Dunlop v. Daigle

The issues in this case are whether the trial court erred in concluding that the defendant’s thirty-eight-dog kennel did not constitute a private nuisance; whether the court was correct in requiring “clear and convincing” evidence that the kennel was a nuisance; and whether the court properly refused to grant legal and equitable relief to the plaintiffs.

The plaintiffs, John and Lorraine Dunlop, have sold modular and mobile homes on their property since 1976. In the fall of 1978, they began to renovate a small cottage situated at the rear of their property, intending to rent it. They found a…