KINSEL v. SCHOEN

No. 25A05-0910-CV-615.

934 N.E.2d 133 (2010)

Mark A. KINSEL, Appellant-Defendant, v. Robert SCHOEN and Delores Schoen, Appellees-Plaintiffs.

Court of Appeals of Indiana.

September 9, 2010.


Attorney(s) appearing for the Case

Christopher D. Morris , Lennon, Miller, O'Connor & Bartosiewicz, Kalamazoo, MI, Attorney for Appellant.

John R. Hillis , Hillis, Hillis, Rozzi & Knight, Logansport, IN, Attorney for Appellees.


OPINION

BAKER, Chief Judge.

The defendant-neighbor's manmade pond leaked water, flooded the plaintiffs' septic drainage field, and caused the system to fail. Notwithstanding this evidence, the local Board of Health pursued an action against the plaintiffs and compelled them to replace the failed septic system. In light of these circumstances, we hold, among other things, that the trial court properly ordered the defendant to reimburse the plaintiffs-landowners...

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