Summary of a Recent
Judicial Development in
Agriculture and Urbanization

Mere Pasturing of a Horse Does Not
Constitute a Nuisance

Ross H. Pifer
National AgLaw Center Graduate Assistant

In Turner v. Caplan, 596 S.E.2d 525 (Va. 2004), residential landowners sought injunctive relief to prevent an adjoining landowner from pasturing his horse in their subdivision. In determining "whether the facts presented constitute[d] a nuisance," the Supreme Court of Virginia explained that "the term nuisance, in legal parlance, extends to everything that endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property." Id. at 528 (citations omitted). The court concluded that "the mere placement of a horse on the pasture" did not constitute a nuisance. Id. at 529.

The case was decided on June 10, 2004; this summary was posted June 10, 2005.



  

This material is based on work supported by the U.S. Department of Agriculture under Agreement No. 59-8201-9-115. Any opinions, findings, conclusions, or recommendations expressed in this article are those of the author and do not necessarily reflect the view of the U.S. Department of Agriculture.

The National AgLaw Center is a federally funded research institution located at the University of Arkansas School of Law, Fayetteville.

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