Gene Ludwig v. Bella Casa, LLC Beau Vue Estates Property Owners' Ass'n Terry Fleming Ken Shollmier Jim Butenschoen…

Summary

The court held that the zoning statute expressly entitled the appellees to a jury trial on their de novo appeal from the Board's decision, but that the private-nuisance claim seeking only injunctive relief was an equitable matter for the circuit judge rather than the jury. The court also upheld the refusal to give Ludwig's proposed jury instructions because one objection was waived and the remaining instructions lacked support in the issues before the Board or the evidence. Justice Brown, concurring in part and dissenting in part, would have affirmed the submission of the nuisance issue to the jury while leaving the equitable remedy to the judge.