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COA holds volunteer caretaker not entitled to damages

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The Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking care of a blighted property.

In Robert Holland, A Concerned Citizen for the Redevelopment of Gary v. Richard Steele, Barbara Steele, First Midwest Bank, As Successor Trustee By Way of Merger to Bank Calumet, N.A., et al., No. 45A03-1102-PL-84, Robert Holland raised 13 issues on appeal, which the COA found did not correspond with the substance of the argument section of his brief.

Holland rented a home in Gary, Ind., on a block where many homes became vacant due to foreclosure between 2002 and 2009. Holland claimed he had made improvements to a nearby vacant home totaling $75,000, yet was unable to provide documentation of those expenses.

On May 29, 2009, Holland, identifying himself as a concerned citizen for the redevelopment of Gary, filed his Complaint for Foreclosure of Lien for Costs of Abating Nuisance and the Decrease in Value of Property. He claimed the prior owners of the home were liable for his expenses. First Midwest Bank filed a motion to intervene because it was the title-holder on the vacant home.

The trial court granted the bank’s motion for summary judgment and declared a common law lien filed by Holland to be invalid. The court denied his motion to correct error and motion for relief from judgment and awarded attorney fees in the amount of $400. The COA affirmed the trial court on those decisions.

The COA denied a cross-appeal from the bank requesting appellate attorney fees, holding that the bank did not properly upkeep the property and that inaction gave rise to the litigation of Holland’s complaint.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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