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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.