Bansbach v. Harbin (Signed Opinion)
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Petitioners Robert and Rickie Bansbach sought injunctive relief in connection with allegations that their neighbors, Respondents Daniel Harbin and Mary Fanok, were engaging in conduct which constituted both a nuisance and harassment. The trial court ruled that Petitioners had failed to demonstrate that Respondents' conduct constituted a private nuisance or that Respondents' speech, both verbal and written, was unlawful. The Supreme Court affirmed, holding that the trial court did not err in ruling (1) Respondents' storing of materials on the Fanok property did not create a nuisance that must be abated by the Court; (2) Respondents' posting of signs and shouting profanities at Petitioners did not amount to fighting words for First Amendment purposes; and (3) Respondents' behavior was not so outrageous that it required injunctive relief.
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