## Facts

- Homeowners in the Beverley Hills subdivision in Southfield Township, Michigan owned single-family residences near an adjacent farm.
- A tenant operated a piggery on the farm beginning in 1935, feeding hogs with garbage hauled from nearby cities; the number of hogs increased substantially over time.
- Garbage, including dead animals, was at times dumped in open areas of the field rather than confined to proper containers, and unconsumed garbage was later plowed under.
- From about summer 1940 through 1941 (and recurring in warm weather), the garbage-handling practices produced strong, offensive odors that neighboring residents alleged substantially interfered with the use and enjoyment of their homes and reduced property values.
- The trial court found a continuing nuisance and concluded that any recent reduction in odor was attributable to winter temperatures rather than meaningful abatement.
- The trial court entered an injunction barring defendants from acquiring, hauling, or transporting garbage onto the premises and from feeding or allowing garbage on the premises.
- Defendants appealed, challenging (1) service and jurisdiction over one defendant and (2) the propriety and scope of the injunction.

## Issues

1. Whether the court obtained valid jurisdiction over defendant George Hines through proper service and appearance sufficient to bind him to injunctive relief.
2. Whether the piggery’s garbage-feeding operation constituted a private nuisance warranting equitable relief.
3. Whether the injunction’s scope—prohibiting bringing and feeding garbage on the premises—was a proper and appropriately tailored remedy.

## Decision

- The Michigan Supreme Court dismissed the action as to George Hines, without costs and without prejudice, concluding the record did not support binding him due to service/jurisdiction defects.
- The Court affirmed the trial court’s decree as to the piggery operator, upholding the finding of a nuisance.
- The Court upheld the injunction as directed at the conduct causing the nuisance—bringing and feeding garbage and allowing garbage on the premises—rather than prohibiting all farming or hog-raising.

## Legal Principles

- A lawful agricultural activity may constitute a private nuisance when the manner of operation creates noxious odors that substantially and unreasonably interfere with neighboring residents’ use and enjoyment of their property.
- A nuisance may be treated as continuing even if its effects are seasonal; a temporary reduction attributable to cold weather does not defeat injunctive relief when recurrence in warm weather is likely.
- Equity may grant injunctive relief to prevent continued substantial interference with residential comfort and property value, and may tailor relief to the specific practices causing the harm.
- Injunctive relief cannot be imposed on a defendant absent valid jurisdiction; defective service or lack of proper appearance requires dismissal as to that party.

## Conclusion

The court sustained an injunction against a garbage-feeding piggery as a private nuisance due to recurring offensive odors affecting nearby residences, while dismissing the case against a separate defendant because the court lacked a sufficient jurisdictional basis to bind him.


Mitchell v. Hines, 305 Mich. 296, 9 N.W.2d 547 (Mich. 1943)