Yates, et al. v. Kemp, 979 N.E.2d 678 (Ind. Ct. App. 2012)

(defendant built earthen berm for use as shooting range in 1962 at time when no county zoning rules or state laws governed shooting ranges; range expanded over years, the last time in 2006; in 2008, defendant received permission to continue operation of range; plaintiffs moved to adjacent properties in 1995 and 2006 and brought nuisance action for noise from range; trial court granted summary judgment for defendant; on appeal, court noted that IN Code Sec. 14-22-31.5-6 provided safe harbor for owners and operators of shooting ranges against noise pollution claims, but that provision inapplicable because shooting range not subject to any state or local requirements at time of creation; question of fact created as to whether defendant's operation of shooting range substantially interfered with plaintiffs' use and enjoyment of their property (characterized by the court as inconvenience, annoyance or discomfort; trial court's award of summary judgment for defendant reversed).