STICKDORN v. ZOOK

No. 89A01-1012-CT-670.

957 N.E.2d 1014 (2011)

Eric STICKDORN and Lisa Stickdorn, Appellants-Plaintiffs, v. Elam B. ZOOK, Sarah F. Zook, Samuel L. Lantz and Mattie Z. Lantz, Appellees-Defendants.

Court of Appeals of Indiana.

November 28, 2011.


Attorney(s) appearing for the Case

Kim E. Ferraro , Legal Environmental Aid Foundation, Valparaiso, IN, Attorney for Appellant.

Gary H. Baise , OFW Law, Washington, D.C., Ronald L. Cross , Boston Bever Kling Cross & Chidester, Richmond, IN, Attorneys for Appellee.


OPINION

BAKER, Judge.

Two neighboring farmers were conducting business near Cambridge City in Wayne County. The defendants built their dairy in 2003 that included a milking parlor about fifteen feet from the plaintiffs' house. When the defendants emptied a manure pit on the farm in early 2004, the stench of rotten eggs and raw sewage permeated the plaintiffs' home. The plaintiffs became physically ill, and a stream that crossed their property became polluted...

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