ILNews

COA affirms order to enjoin

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
The Indiana Court of Appeals affirmed a judgment enjoining some members of a class action suit from pursuing a quiet title action, finding the agreements of a settlement disposed of all claims in property between the class and a company.

In Fern E. Firestone, et al. v. American Premier Underwriters Inc. and U.S. Railroad Vest, Corp., No. 06A01-0804-CV-199, the appellate court had to determine whether the trial court erred in ruling that claims brought by Wayne E. Boyd and Bunker Farms to the subject real estate don't fall within the category of title disputes excluded from the scope of declaratory judgment entered by a trial court in October 2004.

The issue arises out of a settlement agreement entered into by the railroad company and the plaintiff class, people who owned land next to or over land which Penn Central - now American Premier Underwriters - had a right-of-way for railroad use that is no longer utilized for that purpose.

The agreement stipulated when the plaintiff class' title to any portion of the settlement land adjacent to their property would be superior to the claims of title by APU and when APU's title to designated land would be superior to the class' claims.

The settlement said upon entry of the final order and judgment by the court, the class would be forever barred from initiating, claiming, or prosecuting any cause of action against APU or any released party that could have been brought in the suit. There was a stipulation in Paragraph 8 that said this declaratory judgment won't resolve title disputes between individual persons which may occur as a result of conveyances of portions of the settlement land.

Bunker Farms filed a complaint after the settlement to establish revision of title to real estate and to quiet title in the abandoned right-of-way in DeKalb County. The trial court granted APU's motions to enjoin Bunker Farms from bringing its action to quiet title.

Paragraph 8 doesn't give Bunker Farms the right to bring its action, wrote Senior Judge John Sharpnack. To allow Bunker Farms' separate suit against APU would "eviscerate the settlement agreement and the declaratory judgment," the judge wrote.

"Many, if not all, disputes over ownership between APU and class members would fall within Bunker Farms' interpretation," he wrote. "That would be an absurd result and cannot have been the intent of Paragraph 8. Rather, the paragraph speaks to parties, not including APU, who might dispute who has the ownership of the subject real estate."

As a result, the trial court was correct in its interpretation of Paragraph 8 and its order to enjoin Bunker Farms was not an error.
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
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT