BME gets impressive amicus victory

To access case, press here

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

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s