ILNews

Judges: Couple lacked standing to challenge road closure

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into a cemetery where their daughter is buried.

In Lewis J. Richardson and Laurel Richardson v. Board of Commissioners of Owen County, No. 60A01-1106-PL-228, Lewis and Laurel Richardson sought to prevent the Owen County Board of Commissioners from granting Junior Sips’ request to vacate a portion of a roadway on his property that had allowed access to the cemetery where the Richardsons’ daughter is buried and where they own several plots. The road used to be maintained by the county, but hadn’t been maintained since the 1950s. Sips installed a gate along his property line, which abutted the cemetery land.

The Richardsons asked that the gate be removed and the road be repaired so that it could be used again. The county commissioners passed the ordinance allowing the portion of the road to be vacated. The Richardsons then filed a complaint in court to set aside the ordinance. The trial court determined that the Richardsons are not aggrieved persons under the statute and not eligible to appeal.

The COA affirmed, finding the Richardsons lacked standing because they do not own land abutting the cemetery and failed to show that they’ve sustained an injury that is unique or special to them. They did not use the road in question to access the cemetery, and other roads provide access to the land. The general public’s ability to visit the cemetery is not hindered by the gate anymore than it has been for the last five decades, or more, wrote Judge John Baker.

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT