BME gets impressive amicus victory

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Appellants-Plaintiffs Donald J. Lindsey and Jacquelyn Lindsey (collectively, “the Lindseys”) appeal from the trial court’s order granting summary judgment in favor of Johannes DeGroot, Egberdien DeGroot, and DeGroot Dairy, LLC (collectively, “DeGroot Dairy”). On appeal, the Lindseys contend that the trial court incorrectly interpreted and applied the Indiana Right to Farm Act to the facts of this case and that the trial court’s award of summary judgment is erroneous because issues of material fact remain with regard to their criminal trespass, criminal mischief, and intentional infliction of emotional distress claims.

Conclusion (slip op. at 21-22);  Having concluded that the Lindseys have failed to designate any evidence contrary to the trial court’s determination that the Indiana Right to Farm Act applied to the instant matter and barred the Lindseys’ nuisance claim against DeGroot Dairy, and that summary judgment was proper because no issue of material fact remained on the Lindseys’ criminal trespass, criminal mischief, or intentional infliction of emotional distress claims, we affirm the summary judgment of the trial court.  Affirmed.

Key Analysis (slip op. at 10, 16):  We expressly decline the Lindseys’ invitation to adopt Iowa’s proposition that the right to maintain a nuisance contained in the Act creates an easement in favor of DeGroot Dairy . . . Having concluded that DeGroot Dairy’s statutory violations were not the proximate cause of the Lindseys’ alleged injury, we conclude that DeGroot Dairy’s alleged violation of a statute does not give rise to liability for the Lindseys’ claimed injury, and because the Lindseys have alleged no general claims of negligence, they cannot establish that the claimed nuisance results from the negligent operation of DeGroot Dairy.

About Bose McKinney & Evans LLP

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