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Order to demolish home reversed by Court of Appeals

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A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.

Fishers residents Michael and Melody Bogan sued the developer of Lake Stonebridge subdivision and the homebuilder after their home’s lower level flooded twice. The site development plan called for the lower-level elevation of their home to be at 789 feet, but to accommodate a change the Bogans requested, the basement’s finished floor elevation was 788.04 feet.

After the trial court awarded the homeowners partial summary judgment against the homebuilder, Trinity Homes LLC, and the subdivision developers, Land Innovators L.P., and R.N. Thompson, the Bogans filed a motion requesting, in part, the court allow the home to be removed from the lot.

The trial court granted the motion but stayed the order pending appeal.

The Indiana Court of Appeals reversed in Land Innovators Company, L.P., R.N. Thompson, Trinity Homes, Inc. and Trinity Homes, LLC d/b/a Beazer Homes v. Michael L. Bogan and Melody A. Bogan, 29A05-1306-PL-308. The COA ruled the trial court’s decision was improper without the presentation of evidence.

On appeal, Land Innovators, Thompson and Trinity Homes argued other alternatives besides removal of the home are available to remedy the problem.  

“Whether the appellants’ contentions on this point are correct is a matter we need not address,” Judge Margret Robb wrote for the court. “However, we agree that the appellants should have the opportunity to present evidence regarding other potential remedies and that the trial court must make a proper determination that injunctive relief is appropriate in this case.”

The Court of Appeals affirmed the lower court’s grant of summary judgment to the Bogans on liability for negligence, negligence per se, breach of contract and breach of covenants against Trinity. The COA also upheld summary judgment to the Bogans for breach of covenants against Land Innovators and Thompson.  

In addition, the Court of Appeals affirmed the denial of Bogans’ claim of constructive fraud against Trinity and their claim of negligence against the developers. Finally, the COA affirmed the denial of the developers’ claim for indemnification.  



 
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

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  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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