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Appellate court upholds easement ruling

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The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.

Robert and Joy Billetz took over the campground owned by Clyde and Margorie Allmon in 1991. The Allmons retained a two-acre portion of their land abutting County Road 200 North, land that Anthony and Bessie Rehl later purchased from the Allmon estate in 1999. In order to provide access to the Billetz property from County Road 200 North, the Allmons granted an easement for ingress and egress.

The Rehls sued the Billetzes in January 2008 alleging that the ongoing operation of the campground has increased or added to the burden upon their land imposed by the original easement, and the burden “is now unreasonable.” The Rehls argued that the Billetzes could access their property from the county road without using the easement.

The trial court found there may have been a modest increase in the number of vehicles using the easement since it was originally granted, but it did not create a burden on the Rehl property.

In Anthony J. Rehl, Sr. and Bessie A. Rehl v. Robert V. Billetz and Joy A. Billetz, No. 52A05-1105-PL-246, the Rehls claimed that the easement was granted only to allow the grantees ingress and egress, but it does not mention business invitees, customers or others who might be visiting the RV campground.

“Although the grantees named on the 1991 warranty deed (and the 1998 personal representative’s deed) were the Billetzes, we observe that the language creating the Easement does not expressly provide that the Easement benefits the Billetzes as the grantees only. Moreover, the language expressly provides that the Easement ‘is for ingress and egress to lands to the north of said 2 acre tract,’” wrote Judge Elaine Brown. “The implication of this language is that the parties, and the Allmons as the grantors, intended for the Easement to benefit or provide access to the Billetz Property and the campground.”

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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