From our private database of 32,100+ case briefs...
Bowling v. Nicholson
Indiana Court of Appeals
51 N.E.3d 439 (2016)
Gary and Mable Bowling (plaintiffs) owned property in rural Indiana. Christopher and Shelley Nicholson (defendants) bought a 4 parcel of land adjacent to the Bowlings’ property and built an outdoor wood boiler to heat their home. The Nicholsons’ use of the boiler was legal, and it saved them $200 to $300 per month in utility bills, but it emitted toxic smoke that drifted onto the Bowlings’ land, greatly diminishing the air quality in and around their home. The smoke was so severe and pervasive that Mable suffered health problems and some of the Bowlings’ friends and family members refused to visit due to the poor air quality. The Bowlings sued the Nicholsons for nuisance and moved for a preliminary injunction. In support of their motion, the Bowlings presented evidence that the Nicholsons’ operation of the boiler was offensive to the senses and obstructed the free use of the Bowlings’ land. The trial court ignored the Bowlings’ evidence and assumed that their claim was based on physical damage to their property. The court denied the motion for preliminary injunction, finding that (1) the Bowlings had not established irreparable harm, (2) the Bowlings were not reasonably likely to prevail on the merits, (3) the balance of harms favored the Nicholsons, and (4) the Nicholsons’ operation of the boiler did not violate the law and therefore enjoining their use would harm rather than serve the public good. The Bowlings appealed.
Rule of Law
Holding and Reasoning (Altice, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 583,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 583,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 32,100 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.