Mills v. Kimbley

909 N.E.2d 1068 (2009)

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Mills v. Kimbley

Indiana Court of Appeals
909 N.E.2d 1068 (2009)

JL

Facts

Gregory Mills (plaintiff) was next-door neighbors with Dean Kimbley (defendant). Kimbley lived in his home since 1984, and Mills moved into his home in 2004. About two months after Mills moved in, Mills began keeping a journal of Kimbley’s activities. Mills claimed that the activities were disruptive, and also videotaped Kimbley and other guests. Mills sent Kimbley a letter, which demanded that Kimbley not play loud music, set off the house alarm, move trash to Mills’s property, enter any part of Mills’s property for any reason, or tamper with his fence. A few months later, Mills sued Kimbley, alleging nuisance based on Kimbley playing loud music. Kimbley filed a motion for summary judgment, and the trial court granted the motion. Mills appealed.

Rule of Law

Issue

Holding and Reasoning (Bradford, J.)

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