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Construction of fence is actionable tort

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The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.

In Indiana Regional Recycling, Inc.v. Belmont Industrial, Inc., No. 49A02-1103-PL-263, Indiana Regional Recycling and Belmont Industrial own adjoining parcels of land, known as parcels I, II and III. Belmont owns parcels I and III, and Indiana Regional owns parcel II. A gravel pathway running through parcel I allows access to parcel II.

Indiana Regional leased parcel II to a tenant. Belmont built a fence on parcel I, preventing the tenant from accessing parcel II and thereby causing Indiana Regional to breach its contract with the tenant.

The COA held that intentional interference with a contract is an actionable tort. It concluded that the trial court erred in granting Belmont’s cross-motion for partial summary judgment and motion for summary judgment based on its findings that Indiana Regional did not have an easement on Belmont’s property implied by necessity. The COA also held the trial court erred in granting Belmont’s motion for summary judgment based on its finding that Belmont did not commit tortious interference with Indiana Regional’s contract with its tenant.

The appellate court remanded to the trial court for proceedings consistent with its opinion.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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