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Neighbors, HOA, file lawsuit against house on Fall Creek Road

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Posted at 9:18 PM, May 26, 2023

INDIANAPOLIS — According to public court records, neighbors of a house on Fall Creek Road have filed a lawsuit against the home after concerning house parties.

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Court documents show four people and the Harrison Run Homeowner's association have filed for a temporary restraining order and for preliminary injunction against the owner of the home.

The lawsuit states that "over the course of the past (5) years, but most acutely over the past couple of months" the home and homeowner has "interfered with the comfortable enjoyment of Plaintiff's lives and properties."

The Plaintiffs are seeking an emergency temporary restraining order that will prevent the homeowner from "maintaining a nuisance" during the weekend of May 27-29.

According to the documents, the homeowner previously promoted a large party for this weekend.

Court documents also provide "factual background" information detailing the nature of previous parties held at the home that caused disturbance to neighbors.

The documents state the parties are often loud and go on until hours after midnight the next day and often have over a hundred people.

Court documents also allege that at several parties, including in May 2019 and April 2023 firearms were discharged which resulted in neighbors properties being damaged.

The lawsuit stated that several neighbors were required to gather their children and take cover to avoid being hit by a stray bullet.

Court documents allege a bullet landed in the bed in which one neighbor sleeps.

"These incidents have resulted in significant mental and emotional distress to Plaintiffs," state court documents.

According to the lawsuit, the neighbors are seeking both injunctive and monetary relief.

They are also seeking to restrain the homeowner from:

  • Using any machine or other device to produce unreasonable noise at the property during the hours of 10 p.m. and 7 a.m. and that can be heard greater that 75 feet from the property
  • Discharging firearms across a public way as well as when entering or leaving the property
  • having a gathering of more than twenty or more people at the property at one time