Nuisance actions; plaintiffs; attorney's fees in certain actions
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 (or IC 34-1-52-2 or IC 34-19-1-2 before their repeal) to
abate or enjoin a nuisance caused by the unlawful dumping of solid
waste is entitled to recover reasonable attorney's fees incurred in
bringing the action.
(d) A forestry operation that successfully defends an action under
this section is entitled to reasonable costs and attorney's fees incurred
in defending the action.
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4.
Last modified: May 24, 2006