Sherk v. Indiana Waste Systems, Inc.

CONOVER, Judge.

Plaintif-Appellant Dale J. Sherk (Sherk) appeals a negative judgment in his nuisance action against Defendants-Appellees Indiana Waste Systems, Inc. (IWS) and Prairie View Farms, Inc.

We reverse.

ISSUES

Sherk presents three issues for review. Because we reverse we consider only two issues. Restated, they are

1. whether the trial court erred in finding IWS and Prairie View were not responsible for noise generated by others, and

2. whether the trial court erred in finding IWS's use of the land was reasonable and thus a good defense to this action.

FACTS

Sherk raises hogs. IWS operates a…