ILNews

Judges: Couple lacked standing to challenge road closure

Back to TopCommentsE-mailPrint

The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into a cemetery where their daughter is buried.

In Lewis J. Richardson and Laurel Richardson v. Board of Commissioners of Owen County, No. 60A01-1106-PL-228, Lewis and Laurel Richardson sought to prevent the Owen County Board of Commissioners from granting Junior Sips’ request to vacate a portion of a roadway on his property that had allowed access to the cemetery where the Richardsons’ daughter is buried and where they own several plots. The road used to be maintained by the county, but hadn’t been maintained since the 1950s. Sips installed a gate along his property line, which abutted the cemetery land.

The Richardsons asked that the gate be removed and the road be repaired so that it could be used again. The county commissioners passed the ordinance allowing the portion of the road to be vacated. The Richardsons then filed a complaint in court to set aside the ordinance. The trial court determined that the Richardsons are not aggrieved persons under the statute and not eligible to appeal.

The COA affirmed, finding the Richardsons lacked standing because they do not own land abutting the cemetery and failed to show that they’ve sustained an injury that is unique or special to them. They did not use the road in question to access the cemetery, and other roads provide access to the land. The general public’s ability to visit the cemetery is not hindered by the gate anymore than it has been for the last five decades, or more, wrote Judge John Baker.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT