Thomsen v. Greve

Hannon, Judge.

This is a nuisance action brought by the plaintiffs, Elmer Thomsen and Phyllis Thomsen, to enjoin the defendants, Ron Greve and Nancy Greve, from using a wood-burning stove to heat their home and for damages resulting from the smoke originating from the stove. The trial court found the smoke from the Greves’ stove created a nuisance, and ordered the Greves to abate the nuisance by raising the height of their chimney by 3 feet and burning only clean, dry firewood. The court also found that the Thomsens failed to prove specific monetary damages, and thus awarded no damages. The…