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POWELL v. DAWSON

No. 2-683-A-185.

512 N.E.2d 194 (1987)

Jack M. POWELL and Beverly A. Powell, Appellants, (Plaintiffs below), v. Joseph DAWSON and Lawrence Dawson d/b/a J.S. Dawson Development Co., and City of Carmel, Appellees, (Defendants below).

Court of Appeals of Indiana, Second District.

August 25, 1987.

Attorney(s) appearing for the Case

David Langolf Smith, William W. Knowles, Raymond L. Faust, Baker, Orbison, Bales & Knowles, Carmel, for appellants.

Campbell, Kyle & Proffitt, Noblesville, Danford R. Due, Stewart, Reeder, Due & Miller, Indianapolis, Gordon D. Byers, Noblesville, for appellees.

OPINION ON REHEARING

SHIELDS, Presiding Judge.

Appellants Jack M. Powell and Beverly A. Powell, by Petition for Rehearing, argue the decision of this court is erroneous because it fails to address their appellate argument or raised on appeal, that the trial court erred in granting summary judgment against them on their claim for relief on a nuisance theory based upon Chesapeake & O.R. Co. v. Powell, 113 Ind.App. 1, 44 N.E.2d 514 (1942).

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