|
|
YATES v. KEMP
979 N.E.2d 678 (2012)
Connie YATES, Rick Yates, Jason Tibbs, and Pauline Tibbs, Appellants-Plaintiffs,
v.
Levi Wayne KEMP, Appellee-Defendant.
No. 50A04-1204-CT-192.
Court of Appeals of Indiana.
December 6, 2012.
Brian M. Kubicki, Jones Obenchain, LLP, South Bend, IN, Attorney for Appellants.
OPINIONBARTEAU, Senior Judge. STATEMENT OF THE CASEConnie 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. ISSUEThe 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 HISTORY
1. Kemp also asserts that the Yateses and Tibbses have waived this argument by failing to present it to the trial court. Based upon our review of the record, we disagree and address the argument on the merits.
|
|