In Toftoy v. Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois’ "Right to Farm Act," 740 ILCS 70/1, didn’t bar the plaintiff’s nuisance suit against the defendants and their cattle farm. Today — as we predicted in our pre-argument preview here — the Illinois Supreme Court unanimously reversed in an … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Toftoy v. Rosenwinkel. Toftoy is an interesting case because it presents a textbook example of a clash between two classic forms of legal analysis. Professor Ward Farnsworth discusses the distinction at length in his classic book The Legal Analyst: the conflict … Continue Reading
Our preview of the September term of the Illinois Supreme Court continues with Toftoy v. Rosenwinkel [pdf]. We all learned about it in law school, and few of us have probably thought of the phrase since: “coming to a nuisance.” The notion is basically this: if you’re the last to move in, you’re stuck with your … Continue Reading
