Ind. Code § 32-30-6-7

Nuisance actions; plaintiffs; attorney's fees in certain actions

Applied in 5 court decisions — leading case Groff v. City of Butler (2003)

Most recently applied in City of Gary v. Smith & Wesson Corp. (May 2019)

As added by P.L.2-2002, SEC.15

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by any person whose:

(1) property is injuriously affected; or

(2) personal enjoyment is lessened;

by the nuisance.

(b) A civil action to abate or enjoin a nuisance may also be brought by:

(1) an attorney representing the county in which a nuisance exists; or

(2) the attorney of any city or town in which a nuisance exists.

(c) A county, city, or town that brings a successful action under this section to abate or enjoin a nuisance is entitled to recover reasonable attorney's fees incurred in bringing the action.

(d) A person that successfully defends an action under this section is entitled to reasonable costs and attorney's fees incurred in defending the action.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.