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YATES v. KEMP

No. 50A04-1204-CT-192.

979 N.E.2d 678 (2012)

Connie YATES, Rick Yates, Jason Tibbs, and Pauline Tibbs, Appellants-Plaintiffs, v. Levi Wayne KEMP, Appellee-Defendant.

Court of Appeals of Indiana.

December 6, 2012.

Attorney(s) appearing for the Case

Brian M. Kubicki , Jones Obenchain, LLP, South Bend, IN, Attorney for Appellants.

Jay T. Hirschauer , Hirschauer & Hirschauer, Logansport, IN, Attorney for Appellee.

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Connie Yates, Richard Yates, Jason Tibbs, and Pauline Tibbs appeal the trial court's grant of partial summary judgment to Levi Wayne Kemp. We reverse and remand.

ISSUE

The Yateses and Tibbses raise one issue, which we restate as: whether the trial court erred by granting Kemp's motion for summary judgment as to their claims for nuisance.

FACTS AND PROCEDURAL...

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