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COA rehearing restates trial court survey remedies

December 4, 2012

The Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.

The court reheard Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki, 75A04-1112-PL-676, and issued a three-page unanimous  ruling written by Judge John Baker.

“Because it is apparent that our opinion has not been understood, we grant the Trust’s petition for rehearing to reiterate what we previously stated,” Baker wrote.
“Under Indiana Code section 36-2-12-14, the trial court has three options:
(1) It may accept the original survey;
(2) It may reject the original survey, and it is permitted to order that a new survey be performed by a different surveyor from the surveyor who performed the original survey;
(3) It may reject the original survey and order the county surveyor to locate and mark the boundary lines with durable markers in the proper places according to the trial court’s findings based upon evidence presented to it, including previous surveys.”



 
 

 

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