Saint Joseph's Hospital of South Bend, Inc. v. Women's Pavilion of South Bend, Indiana, Inc.

YOUNG, Judge.

Plaintiff-appellant St. Joseph's Hospital, (hereinafter the Hospital), appeals the modification of a permanent injunction restricting defendant-appellee Women's Pavilion, (hereinafter Pavilion), in performing first-trimester abortions.

The Hospital, a health care provider operating under the auspices of the Roman Catholie Church, originally sued Pavilion for operating a private nuisance. The gist of the Hospital's nuisance claim was that it and its employees were distressed by the fact that Pavilion performed abortions at its facility located directly across the street from the…