Powell v. Dawson

OPINION ON REHEARING

SHIELDS, Presiding Judge.

Prior report: Ind.App., 469 N.E.2d 1179.

Appellants Jack M. Powell and Beverly A. Powell, by Petition for Rehearing, argue the decision of this court is erroneous because it fails to address their appellate argument or raised on appeal, that the trial court erred in granting summary judgment against them on their claim for relief on a nuisance theory based upon Chesapeake & O.R. Co. v. Powell, 113 Ind.App. 1, 44 N.E.2d 514 (1942).

The decision of this court does, in fact, implicitly address the Powells' claim in its statement that the predicate for…