Nuisance Law

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  • Harmon v. Adams -  Alleged nuisance against hog facility.  Because R.C. 929.04 provided a complete defense to identical conduct in Appellants' prior action and is equivalent to a determination that such conduct does not constitute a nuisance as a matter of law, Appellants' instant claims are barred by res judicata.
  • Eulrich v. Weaver Bros. Inc - Alleged nuisance against egg farm.  The statutory immunity provided under R.C. 929.04 is an affirmative defense that must be properly pled. An affirmative defense may not be raised for the first time in a motion for summary judgment under Civ.R. 56.
  • Gibson v. Park Poultry, Inc., - Alleged nuisance due to location of poultry facility near residence was a "permanent" rather than "continuing nuisance" and subject to a four year statute of limitations.