The Hatfields are a retired couple who live on what is called a "ranchette" near the quaint small town of Los Pistachios in the Santa Ynez Valley in northern Santa Barbara county. Their land was originally part of a working cattle ranch. In 1995, a developer bought the ranch and divided it into several ranchettes, each about two acres in size. This is large enough for people to construct a small barn and corral to keep a couple of horses on the property, which many owners do. These ranchettes are basically large residential lots.
Next door to the Hatfields is the ranchette of the McCoys. Both the Hatfields and the McCoys bought their ranchettes when the cattle ranch was subdivided in 1995. The McCoys are enthusiastic dog breeders, and they prefer large and very aggressive dogs. When they first moved there, the McCoys normally had only two or three dogs on the premises; they had the dogs as a hobby. These dogs would sometimes annoy the Hatfields with their loud barking, and occasionally woke them up at night when the dogs went after a raccoon that had the misfortune of wandering too close to the McCoy's property. But it was not a huge issue at this point.
Gradually, the McCoys spent more and more time on their dog-raising hobby. By 2000, the average number of dogs on their property had increased to around ten. Both McCoys quit their jobs to devote full time to their dog breeding and raising, as aggressive dogs became more popular and sold for high prices. The noise of the dogs annoyed the Hatfields more often now.
In 2001, the McCoys again expanded their business. They hired three workers and increased the number of dogs on their property to around 30 at a time. They spent a substantial amount of money to accommodate the additional dogs and workers, constructing facilities to keep and train the dogs, a small office to run the business, and another building that contained a lounge and small bathroom for the employees. At this point the noise of the barking had become intense. It often kept the Hatfields (and also some other neighbors) awake for hours at night. And the smell of all those dogs made it unpleasant to sit outside when the wind was unfavorable.
Just to be fair to the McCoys, it should be mentioned that about twice a year the Hatfields have their "Country Western Shindig." They invite over everyone they know, place loudspeakers on the patio, and play loud country western music into the wee hours of the morning while their friends dance, hoot, and holler. A few guests, often under the influence of alcohol, howl at the moon. People hear the noise for miles around.
In May 2004 the Hatfields have had enough and file suit against the McCoys for nuisance. The statute of limitations for nuisance is two years. On the Hatfield's summary judgment motion, the court rules that the McCoys have engaged in a nuisance and that damages for past injuries should be assessed at $5000 per year. The court also rules that the facts do not support an award of punitive damages. These rulings are legally correct and will not be disturbed on appeal. Nonetheless, two important issues remain to be resolved at trial, which is set to take place in May, 2007:
1. Are the Hatfields entitled to a permanent injunction that forbids the McCoys from having any dogs on their property? [around two-thirds of total points possible]
2. Do the McCoys have any defenses to a possible injunction, and how likely is a defense to succeed? [around one-third of total possible points]
Please address each of these questions, in this order.