Legal Opinion
Wendt v. Kerkhof
Indiana Court of Appeals
Decided June 15, 1992No. 30A01-9109-CV-278PublishedCited by 19 opinions
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
Robert S. Wendt and Kathleen M. Wendt ("Wendts") appeal from a judgment in favor of Norris Kerkhof and 3-K Farms, Inc. ("Farm") in an action seeking a preliminary injunction and damages for the existence of a public nuisance. We affirm.
ISSUES
We restate the issues on appeal as:
1. Was the trial court's judgment contrary to law?
2. Did the trial court err in applying IND.CODE § 34-1-52-4 to the Wendts's nuisance claim?
FACTS
The Wendts own land adjacent to Farm, with the Wendts's land located northeast of Farm. When this lawsuit was commenced, the Wendts…
2Cases cited12 opinions
- Yeager and Sullivan, Inc. v. O'NEILLIndiana Court of Appeals · 1975
- Cox v. SchlachterIndiana Court of Appeals · 1970
- Erbrich Products Co., Inc. v. WillsIndiana Court of Appeals · 1987
- Sherk v. Indiana Waste Systems, Inc.Indiana Court of Appeals · 1986
- P.S. ex rel. Harbin v. W.S.Indiana Supreme Court · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gray v. Westinghouse Electric Corp.Indiana Court of Appeals · 1993
- Wernke v. HalasIndiana Court of Appeals · 1992
- Lever Bros. Co. v. LangdocIndiana Court of Appeals · 1995
- Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wifeIndiana Court of Appeals · 2014
- Bagko Development Co. v. DamitzIndiana Court of Appeals · 1994
14 more not listed; retrieve them via the Exa API.