Mills v. Kimbley
Indiana Court of Appeals
909 N.E.2d 1068 (2009)
Gregory Mills (plaintiff) moved next door to longtime resident Dean Kimbley (defendant) in 2004 and, after finding Kimbley's activities disruptive, began keeping a journal, videotaping Kimbley and his guests, and eventually sending a letter demanding Kimbley stop playing loud music, setting off his house alarm, moving trash onto Mills's property, entering Mills's property, or tampering with his fence; Mills later sued Kimbley for nuisance based specifically on loud music, and the trial court granted Kimbley summary judgment.
Whether a nuisance is an interference with the comfortable enjoyment of life or property, which is (1) injurious to health, (2) indecent, (3) offensive to the senses, or (4) an obstruction to the free use of the property.