ILNews

Judges rule on lakefront land rights case

Back to TopCommentsE-mailPrintBookmark and Share

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.


 

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. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT