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Justices rule on casino land-ownership dispute

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A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.

Justices issued their decision in Gloria A. Murray, et al. v. City of Lawrenceburg, et al., No. 15S04-0907-CV-310, which stems from a suit against the city government, a local conservancy district, and the Indiana Gaming Company that runs the Argosy Casino and Hotel in Lawrenceburg. The justices held that inverse condemnation is the sole remedy for a governmental act purporting to exercise all land-ownership rights, and that a six-year statute of limitations for trespass applies to that type of claim. The ruling reverses and remands a decision by Dearborn Circuit Judge James D. Humphrey denying a motion for judgment on the pleadings by the city and gaming company.

The case involves a 0.768-acre parcel of land situated inside a larger 32-acre parcel within Lawrenceburg that houses the riverboat casino and hotel. The plaintiffs claimed to be successors in interest based on an 1886 deed for the smaller parcel, which didn't have any established owner or ownership claims between 1941 and 1995 when it was part of the Lawrenceburg Conservancy District. But the district leased the larger area to the city and ultimately relied on an 1865 deed to include the smaller parcel, ultimately subleasing the property to Indian Gaming in 1995. The casino opened in late 1997, but it wasn't until November 2005 that Gloria Murray and other property owners sued the city, conservancy district, and gaming company over the land. The suit sought to quiet title to the disputed parcel, eject the defendants, and set aside the other deeds and leases, as well as compensate plaintiffs for lost rent under negligence and unjust-enrichment theories.

Defendants moved for judgment on the pleadings under Indiana Trial Rule 12(C), arguing that even if plaintiffs owned the parcel, the only cause of action available was inverse condemnation and that was barred by a 6-year statute of limitations. Judge Humphrey denied the jury trial demand and denied the motion. The Indiana Court of Appeals initially declined to accept the appeal, but ultimately it did. In March 2009, the panel affirmed and reversed parts of Judge Humphrey's decision - upholding the judgment motion denial but reversing on the timeliness aspect and granting a jury trial demand on those claims.

Chief Judge John Baker dissented, saying the result could effectively preclude most, if not all reverse condemnation actions in the future.

In their eight-page ruling, the justices rejected the plaintiffs' claims that inverse condemnation is inappropriate because the land title is clouded. Relying on caselaw about eminent domain and injunctive relief about land being taken for a public purpose, the justices found that allowing alternative remedies would circumvent those provisions. The state, as well as other judicial jurisdictions, have previously determined that casino projects and infrastructure improvements constitute public use.

While no limitation period applies to eminent domain proceedings by the state, this case doesn't involve an action from the government about any eminent domain and so the trespass or inverse condemnation statute of limitation applies, and it's barred by Indiana Code § 34-11-2-7.

"Accordingly, we agree with the Court of Appeals that the six year limitation for trespass applies to inverse condemnation actions," Justice Theodore Boehm wrote for the court. "Plaintiffs' action accrued when they could have brought a claim for inverse condemnation. Giving plaintiffs the benefit of the doubt, the last possible date the action could have accrued was December 1997, when Indiana Gaming began operations at the site. Plaintiffs did not file this suit until Nov. 21, 2005, almost eight years after the action accrued."

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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