Muehlman v. Keilman

This is an appeal from an interlocutory order issued by the Lake Superior Court granting a temporary injunction against the appellants. The action was brought by appellees, Paul A. Keilman and Lorraine Keilman, for an injunction and damages against appellants, Carl F. Muehlman, Jr. and Janice I. Muehlman. Appellees claimed appellants, over a period of four months, maliciously ran, started and raced the diesel engines of their two semi-trailer trucks at all times during the day and night immediately adjacent to appellees residence property and in close proximity to appellees bedroom. It was further alleged that the noice and fumes were destructive to the health and comfort to appellees and their family in the use and occupation of their dwelling house and that it had rendered the use of said real estate unhealthy, undesirable, and annoying. It was asserted that such actions of the appellants constituted a nuisance, and appellees sought an injunction to have this nuisance permanently abated, claiming, in addition, damages in the amount of ten thousand dollars ($10,000.00). On March 3, 1970, a hearing was held on appellees application for a temporary injunction. The trial court, at appellants request, made special findings of fact and Conclusions of law. The trial court found for appellees and granted a temporary injunction against appellants, enjoining and restraining them from starting, idling, and revving their trucks between the hours of 8:30 P.M. and 7:00 A.M. until a further hearing could be had on the permanent injunction. Appeal is taken from this injunction.