Indiana Code
Ind. Code § 32-30-6-7 (2026)
Nuisance actions; plaintiffs; attorney's fees in certain actions
✓ current as of May 2026
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.
[Pre-2002 Recodification Citation: 34-19-1-2.]
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4; P.L.193-2014, SEC.1.
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 2003–2025 · leading case: Groff v. City of Butler, 794 N.E.2d 528 (Ind. Ct. App. 2003).
Groff v. City of Butler, 794 N.E.2d 528 (Ind. Ct. App. 2003). “Ind.Code § 32-30-6-7 (2002). [6] The Groffs contend that there was no evidence presented that would support a finding that the alleged nuisances were caused by the unlawful dumping of solid waste as required by the statute.”
KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 72 N.E.3d 892 (Ind. 2017). “§ 32-30-6-7(a). Possible remedies include enjoining or abating the nuisance and recovering damages.”
City of Gary Ex Rel. King v. Smith & Wesson Corp., 801 N.E.2d 1222 (Ind. 2003). “IC. § 32-30-6-7(b)(2). D. Damages Under the Nuisance Claim In addition to its claim for injfune-tive relief, the City also seeks damages as a party uniquely injured by the nuisance.”
City of Indianapolis v. Towne & Terrace Corp., 106 N.E.3d 507 (Ind. Ct. App. 2018). “Asserting that the trial court retroactively applied the statute, 2 the City maintains that it is not trying to enforce an ordinance, rule, or regulation; rather, it is bringing a nuisance action under I.C. § 32-30-6-7 and seeking "compensatory damages for a public nuisance for…”
Elkhart Foundry & Mach. Co., Inc. v. City of Elkhart Redevelopment Comm'n for the City of Elkhart, 112 N.E.3d 1123 (Ind. Ct. App. 2018). “There, we held that, because Indiana's nuisance statutes contemplate "[a]n action to abate or enjoin a nuisance," Ind. Code § 32-30-6-7 , the existence of contamination cannot be the basis for a nuisance action where the activity that caused the contamination is no longer…”
City of Gary v. Smith & Wesson Corp., 126 N.E.3d 813 (Ind. Ct. App. 2019). “" Ind. Code § 32-30-6-7 (b). Indiana Code Section 34-12-3-2 defines "person" for purposes of that chapter as "a human being, corporation, limited liability company, partnership, unincorporated association, or governmental entity.”
KA v. City of Indianapolis, 954 N.E.2d 974 (Ind. Ct. App. 2011). “” I.C. § 32-30-6-7 (emphasis added). “If a *982 proper case is made, the nuisance may be enjoined or abated and damages recovered for the nuisance.”
Shaw v. LDC Enter., Inc., 863 N.E.2d 424 (Ind. Ct. App. 2007). “Code § 32-30-6-8 includes no explicit restriction to Indiana claims.”
Kay Morken v. Michael Koltz (Ind. Ct. App. 2023). “After Morken successfully defended against the claim, she sought attorney’s fees under Indiana Code section 32-30-6-7, which addresses nuisance actions.”
Smith & Wesson Corp. v. City Of Gary, Indiana (Ind. Ct. App. 2025). “Court of Appeals of Indiana | Opinion 24A-CT-2381 | December 29, 2025 Page 4 of 33 statute, Ind. Code § 32-30-6-7 , expressly authorizes cities to seek relief against public nuisances resulting in authority to bring such suits under the Home Rule Act, Ind.”
Haber Land Co. v. Am. Steel City Indus. Leasing, Inc., 388 F. Supp. 3d 1050 (2019). “" Ind. Code § 32-30-6-7 (a). Finally, section 8 provides: "If a proper case is made, the nuisance may be enjoined or abated and damages recovered for the nuisance.”
Marcius Strawhorn & HSD of Cent. Indiana, LLC v. Town of Hillsboro, Indiana (mem. dec.) (Ind. Ct. App. 2020). “Indiana Code section 32-30-6-7(b) further authorizes an action to abate or enjoin a nuisance to be brought by an attorney of any city or town in which a nuisance exists.”
— Ind. Code § 32-30-6-7(a) — 2 cases
KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 72 N.E.3d 892 (Ind. 2017). “§ 32-30-6-7(a). Possible remedies include enjoining or abating the nuisance and recovering damages.”
Shaw v. LDC Enter., Inc., 863 N.E.2d 424 (Ind. Ct. App. 2007). “Code § 32-30-6-8 includes no explicit restriction to Indiana claims.”
— Ind. Code § 32-30-6-7(b) — 1 case
Marcius Strawhorn & HSD of Cent. Indiana, LLC v. Town of Hillsboro, Indiana (mem. dec.) (Ind. Ct. App. 2020). “Indiana Code section 32-30-6-7(b) further authorizes an action to abate or enjoin a nuisance to be brought by an attorney of any city or town in which a nuisance exists.”
— Ind. Code § 32-30-6-7(b)(2) — 2 cases
City of Gary Ex Rel. King v. Smith & Wesson Corp., 801 N.E.2d 1222 (Ind. 2003). “IC. § 32-30-6-7(b)(2). D. Damages Under the Nuisance Claim In addition to its claim for injfune-tive relief, the City also seeks damages as a party uniquely injured by the nuisance.”
Groff v. City of Butler, 794 N.E.2d 528 (Ind. Ct. App. 2003). “Ind.Code § 32-30-6-7 (2002). [6] The Groffs contend that there was no evidence presented that would support a finding that the alleged nuisances were caused by the unlawful dumping of solid waste as required by the statute.”
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