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Wernke v. Halas

Court of Appeals of Indiana
600 N.E.2d 117 (1992)


John and Karen Halas (plaintiffs) lived next door to Roland Wernke (defendant). Wernke decided to build a privacy fence, which was under six feet tall, between his property and the Halases’ property. To cover holes in the fence, Wernke attached vinyl strips and a license plate on the Halases’ side of the fence. Wernke also attached a section of orange-plastic construction fencing on the Halases’ side of the fence. In addition, Wernke placed support posts in concrete along the fence line. While the concrete was still wet, vandals scrawled obscenities into the concrete. No part of the concrete, the post, or the fence encroached upon the Halases’ property. Later, Wernke set up a toilet seat, mounting it to a piece of plywood placed on a post overlooking the Halases’ property. Like the fence, the toilet was entirely on Wernke’s property. The Halases sued Wernke, alleging that the toilet, the fence, and the graffiti constituted nuisances. The trial court granted summary judgment in favor of the Halases, holding that each of the items was an illegal nuisance. Wernke appealed.

Rule of Law


Holding and Reasoning (Baker, J.)

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