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Wednesday, June 20, 2007
Ind. Decisions - "Court lends few licks in neighbors’ Hendrix tiff"
A story today in the Fort Wayne Journal Gazette by Niki Kelly adds background to the Court of Appeals' NFP yesterday in the case of Mark Lesh v. Richard Chandler and Marilyn Chandler (see ILB entry here - 4th case). The story begins:
The Indiana Court of Appeals weighed in Tuesday on a neighborly dispute in LaGrange County about excessive noise, bright lights and Jimi Hendrix music.The clash began when Richard and Marilyn Chandler received a protective order against neighbor Mark Lesh in April 2006 for allegedly shouting obscenities, calling names and making bizarre noises.
According to the ruling, the parties live near each other on a lake in LaGrange County.
The following month, the Chandlers filed a complaint alleging that Lesh’s use of his land constitutes a nuisance. This included playing loud music, yelling derogatory terms and aiming his security light toward the Chandler’s home.
“Apparently, it is not merely the volume of Lesh’s music, but also the selection that bothers the Chandlers,” the ruling said. “Particularly troubling to the Chandlers is Jimi Hendrix’s version of ‘The Star-Spangled Banner,’ which they believe is ‘sacrilegious to the American flag.’"
Posted by Marcia Oddi on June 20, 2007 12:25 PM
Posted to Ind. App.Ct. Decisions