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Neighbor frequently set off car alarm in response to barking dogs – Injunction granted

The plaintiffs, a husband and wife, claimed that the defendant, their neighbor, substantially interfered with their right to the quiet enjoyment and use of their property. Plaintiffs also claimed that the defendant harassed them by, among other things, intentionally setting off her car alarm for several hours a day, almost every day and night, in retaliation for the plaintiffs’ dogs periodically barking. On one particular day, the defendant set off her car alarm for 11 hours. In a letter to the plaintiffs, the defendant suggested that they have their dogs’ “vocal cords removed,” and stated that, “The dumbest of all creatures would understand that the dogs are causing the problem, but somehow you have never been able or willing to figure it out . . . if the dogs don’t bark, the horn doesn’t honk.” Local law enforcement would not intervene on the grounds that defendant’s conduct was not a violation of the local noise ordinance. The plaintiffs petitioned for a permanent injunction to abate the nuisance behavior.

On June 26, 2014, the petition was heard by Judge Kimberley S. White of Buckingham County Circuit Court. After hearing evidence and testimony from the parties and three witnesses called by the plaintiffs, the court ordered that the defendant was “perpetually enjoined and restrained from unreasonably disturbing the Plaintiffs’ right to the quiet enjoyment and use of their property whatsoever in any manner, specifically, but not limited to setting off of the car/truck horn or alarm.”

[14-T-097]

Type of action: Injunction to abate noise nuisance
Injuries alleged: Substantial interference with the right to the quiet enjoyment and use of property; harassment
Name of case: Williams v. Tarr
Court: Buckingham County Circuit Court
Case no.: CL14000044-00
Tried before: Judge
Judge: Kimberley S. White
Date resolved: June 26, 2014
Verdict or settlement: Injunction granted
Attorney for plaintiff: Christopher L. Daughtry, Suffolk
Attorney for defendant: Pro-se

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