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Judges rule on lakefront land rights case

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The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.

In Brad A. Altevogt, et al. v. Dennis L. Brand, et al., No. 44A03-1106-MI-237, the COA affirmed a decision by LaGrange Circuit Judge Scott VanDerbeck in the land rights dispute between neighbors.

The plaintiffs in this case are front-lot owners in a subdivision platted in the 1930s in LaGrange County. Plaintiffs’ lots are situated near the lake with only the Indian Trail separating them from the lakeshore. The defendants are all back-lot owners who claim that their access to the lake would be impaired if the plaintiffs prevail in their claim of adverse possession of those portions of land in front of their lots.

In November 2008, the front-lot owners filed a complaint against the back-lot owners seeking to quiet title to those portions of the Indian Trail between the front lots and Big Long Lake. The trial court held a hearing on summary judgment motions from both sides in April 2011 and entered summary judgment in favor of the defendants.

The Court of Appeals rejected the plaintiffs’ arguments that the Indian Trail was dedicated as a public easement adjacent to the lake and that their fee ownership should extend to the lakeshore. The trial court didn’t address this argument because it wasn’t raised in the pleadings, and the appellate panel found that this means the argument fails.

The plaintiffs also argued there’s insufficient evidence of the original plat-owner’s intent to establish common-law dedication but that there is enough proof to establish a stator dedication. The appellate court disagreed. Specifically, the judges found that the trail was only for the use of lot owners and guests; not the public.

Finding that the trial court properly concluded the plaintiffs hadn’t established the elements of adverse possession, the appeals judges affirmed the lower court. They also pointed out that they do not read the trial court’s order to say that all lot owners are co-tenants of the Indian Trail.


 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

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  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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