Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife
12 N.E.3d 946
| Ind. Ct. App. | 2014Background
- Samples owns ten acres in Poland, Indiana; Wilson’s adjacent land slopes toward Samples’ land, causing downhill water flow.
- From 1990 to 2006, Wilson owned the adjoining property; in 1998 Wilson enlarged his pond and dam with Sowers.
- Samples filed a verified complaint in 2003 alleging trespass, nuisance, and improper storm-water runoff from the dam.
- In 2006 Wilson conveyed the property to the Bannons; Wilson later discharged bankruptcy.
- Samples amended the complaint in 2007 to name the Bannons; allegations included encroachment, improper spillway, and standing water.
- Bench trial in 2013 resulted in judgment for the Bannons; Samples moved to correct error, which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trespass claim contrary to law? | Samples contends dam encroached or cast water. | Bannons’ dam had no encroachment and water not unlawfully cast. | No improper trespass; judgment not contrary to law. |
| Nuisance claim contrary to law? | Dam use damaged Samples’ enjoyment of land. | Dam was properly constructed; wet areas existed pre-expansion and did not constitute nuisance. | Nuisance claim failed; judgment not contrary to law. |
Key Cases Cited
- KB Home Indiana Inc. v. Rockville TBD Corp., 928 N.E.2d 297 (Ind. Ct. App. 2010) (elements of trespass to prove possession and entry without right)
- Argyelan v. Haviland, 435 N.E.2d 973 (Ind. 1982) (common enemy doctrine and exception for unusual water flows)
- Luhnow v. Horn, 760 N.E.2d 621 (Ind. Ct. App. 2001) (common enemy doctrine applies across negligence, trespass, nuisance)
- Bulldog Battery Corp. v. Pica Investments, Inc., 736 N.E.2d 333 (Ind. Ct. App. 2000) (fact-specific inquiry whether water is collected and cast)
- Wernke v. Halas, 600 N.E.2d 117 (Ind. Ct. App. 1992) (nuisance per se vs. per accidens determinations)
- Wendt v. Kerkhof, 594 N.E.2d 795 (Ind. Ct. App. 1992) (test for nuisance affecting reasonable persons)
- Dana Companies, LLC v. Chaffee Rentals, 1 N.E.3d 738 (Ind. Ct. App. 2013) (sua sponte findings governing appeal on issues covered)