## Facts

- Neighboring homeowners disputed the Muehlmans’ operation of two diesel semi-trailer trucks adjacent to the Keilmans’ residence.
- The Keilmans alleged that, for about four months, the Muehlmans repeatedly started, idled, and revved the trucks day and night in close proximity to the Keilmans’ bedroom.
- The Keilmans alleged the resulting noise and fumes interfered with sleep, impaired health and comfort, and made use of the home unhealthy and annoying.
- The Keilmans sought an injunction and $10,000 in damages in the Lake Superior Court.
- After a hearing on a temporary injunction request (with special findings and conclusions entered at defendants’ request), the trial court enjoined the Muehlmans from starting, idling, or revving the trucks between 8:30 p.m. and 7:00 a.m., pending further hearing on a permanent injunction, and set an injunction bond at $1,000.
- The trial judge personally observed the trucks in operation at the courthouse before issuing the temporary injunction.
- The Muehlmans took an interlocutory appeal challenging the injunction, findings and conclusions, evidentiary rulings, the balancing of hardships, and the bond amount.

## Issues

1. Whether the defendants’ nighttime operation and racing of diesel truck engines next to a residence could constitute a nuisance supporting temporary injunctive relief.
2. Whether the plaintiffs showed irreparable harm and lack of an adequate remedy at law warranting a temporary injunction.
3. Whether the trial court abused its discretion in balancing hardships, making findings and evidentiary rulings, and setting the injunction bond at $1,000.

## Decision

- The Indiana Supreme Court affirmed the interlocutory order granting the temporary injunction and the $1,000 bond.
- The court held that noise (and related fumes) may constitute a nuisance when unreasonable in degree, particularly during normal sleeping hours in a residential setting.
- The court held that physical injury to property is not a prerequisite to nuisance relief when there is substantial interference with health, comfort, and enjoyment of property.
- The court concluded that prolonged sleep deprivation and related health effects constituted great damage without an adequate legal remedy, supporting equitable relief.
- The court found no abuse of discretion in the limited nighttime scope of the injunction, the challenged trial-court rulings, or the bond amount, and declined to reweigh evidence on interlocutory review.

## Legal Principles

- Unreasonable noise can be a nuisance, and the time and context of the disturbance (including nighttime residential rest) are central to the nuisance analysis.
- Under Indiana nuisance law, substantial interference with use and enjoyment of land affecting health or comfort can justify relief without proof of physical property damage.
- Continuing loss of sleep and health impacts may constitute irreparable injury for which damages are inadequate, supporting injunctive relief.
- Temporary injunction decisions, including hardship balancing and the amount of an injunction bond, are reviewed deferentially for abuse of discretion; appellate courts do not reweigh evidence on interlocutory appeal if findings are supported by substantial probative evidence.

## Conclusion

The court upheld a temporary injunction restricting nighttime diesel-truck operation near a home, ruling that unreasonable nighttime noise and fumes can be a residential nuisance causing irreparable harm and that the trial court acted within its discretion in tailoring the injunction and setting a $1,000 bond.


Muehlman v. Keilman, 257 Ind. 100, 272 N.E.2d 591 (Ind. 1971)