Sec. 9.5. (a) If a court finds that an agricultural operation that is the subject of a nuisance action:

(1) was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, the court shall award court costs and reasonable attorney‘s fees, to the defendant in the action; or

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Terms Used In Indiana Code 32-30-6-9.5

  • agricultural operation: includes any facility used for the production of crops, livestock, poultry, livestock products, poultry products, or horticultural products or for growing timber. See Indiana Code 32-30-6-1
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(2) was a nuisance under this chapter and that the defense of the nuisance action was frivolous, the court shall award court costs, including reasonable attorney’s fees, to the plaintiff in the action.

     (b) Reasonable attorney’s fees under subsection (a):

(1) shall be calculated based on the reasonable and customary hourly rates charged in the county in which the action occurred; and

(2) may include fees for only one (1) attorney, no matter how many attorneys were actually employed by the party.

     (c) The determination that an action was initiated or maintained frivolously may not be based on the mere fact that a party did not prevail.

As added by P.L.73-2012, SEC.1.

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