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Sapere aude - dare to be wise
Sunday, June 12, 2005
YOU Are A Nuisance?
Posted 12:16 PM by Brian D.
Nuisance law is normally applied to junk cars, loud noises, strange smells from compost heaps, and dangerous pets that prevent a property owner from the normal enjoyment of their property. A Battle Ground, IN couple, the Sturgeons, filed a lawsuit against their neighbor, the Rodgers, claiming their neighbor created a nuisance by allowing his recently released from prison brother live with him. The 62 year old brother served seven years of a 14 year sentence for child molestation and moved into his brother' home after being released on May 28th.

Concerning the safety of their four children, the Sturgeons state, "They're all outside playing, one goes in to the bathroom. We're panicked. We can't find the kid and the first thought is, did one of them get snagged?"

"First, the Sturgeons sent a letter, signed by [additional] neighbors asking the Rodgers to reconsider allowing their brother to live there. When nothing happened, the Sturgeons filed a lawsuit arguing the sex offender's presence constitutes a nuisance and prevents them from enjoying their property . . . "

According to the story this is the first time Indiana nuisance law is being applied against a human being. A Tippecanoe County judge will rule "if the Indiana nuisance law and the obstruction of free use of property can be applied in this case. The Sturgeon's lawyer told them this lawsuit should be going to court within a week or two."

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