Real Estate/Construction

COA: Credit union did not have property right to flow of traffic on US 31

July 7, 2017
Olivia Covington
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.
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Milhaus victorious in fight to develop $23M Meridian-Kessler apartment project

July 6, 2017
Indianapolis Business Journal, Scott Olson
Milhaus Development LLC has won a major victory in its quest to build a $23 million apartment and retail project along North College Avenue in the Meridian-Kessler neighborhood.
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COA reaffirms denial of summary judgment to landowners in failed real estate deal

July 6, 2017
Olivia Covington
After granting a petition for rehearing to address — and ultimately reject — an argument over the contract in a real estate case, the Indiana Court of Appeals reaffirmed Thursday the denial of summary judgment to northern Indiana landowners who misrepresented property to a potential buyer.
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Jury finds that NYC skyscraper owner violated Iran sanctions

June 30, 2017
 Associated Press, IL Staff
The U.S. government said it's ready to seize a Manhattan skyscraper from an Iranian-American charity to benefit victims of terrorism after a jury found Thursday that the charity's majority ownership was derived from financial dealings that violated sanctions against Iran.
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Indianapolis tries to halt Carmel’s 96th Street roundabout

June 21, 2017
Marilyn Odendahl
Four planned roundabouts on 96th Street may have hit a roadblock with the city of Indianapolis asking a court to stop the city of Carmel from moving forward with the project.
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CVS, suitors for Marsh stores agree to settlement, helping clear way for sale

June 14, 2017
Indianapolis Business Journal, Scott Olson
The two Ohio-based grocery chains that agreed to purchase 26 stores from Marsh Supermarkets have reached a settlement with pharmacy giant CVS Health, getting them a step closer to finalizing the transaction totaling $24 million.
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CVS, owners of Lockerbie Marketplace object to Marsh store-sale plan

June 14, 2017
Greg Andrews, Indianapolis Business Journal
Pharmacy giant CVS Health and the owner of Lockerbie Marketplace downtown filed objections Tuesday night to Marsh Supermarkets’ plan to sell 26 stores to two Ohio-based grocery chains for $24 million.
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Indiana Supreme Court offices on the move

June 14, 2017
Dave Stafford
Indiana’s restructured Office of Judicial Administration will get new digs at a lower cost later this year, officials said.
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Tax sale purchasers lose as COA tangles over statutory interpretation

June 12, 2017
Marilyn Odendahl
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
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Lawsuit targets local rent-to-own housing operator

May 31, 2017
Indianapolis Business Journal
An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”
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Salvation Army sues neighboring Children’s Museum over expansion

May 25, 2017
Indianapolis Business Journal, Scott Olson
The Salvation Army is suing the Children’s Museum of Indianapolis, claiming its neighbor’s $35 million outdoor expansion project intrudes on its easements and restricts its access to Illinois Street.
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New Jersey man to get attorney fees, interest in failed real estate deal

May 10, 2017
Olivia Covington
After affirming the denial of summary judgment to northern Indiana landowners who misrepresented a property zoning to a potential buyer, the Indiana Court of Appeals also reversed the denial of attorney fees and prejudgment and post-judgment interest to the buyer.
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Residents threaten lawsuit against city of Indianapolis over flood wall project

May 9, 2017
Olivia Covington
A group of residents from a northern Indianapolis suburb are threatening legal action against the city if it moves forward with its plans for a flood wall along a canal, a plan they say could subject their homes to serious flood damage.
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Justices create framework for determining admissibility of immigration status

May 4, 2017
Olivia Covington
After reversing a trial court’s decision to admit a plaintiff’s unauthorized immigrant status as evidence in his case for decreased earning capacity damages, the Indiana Supreme Court laid out a new framework Thursday for determining when immigration status can be admissible.
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Supreme Court: General contractor assumed duty to sub-subcontractor through contract

April 27, 2017
Olivia Covington
A general contractor assumed a non-delegable duty of care to the employee of a sub-subcontractor through its contractual language, the Indiana Supreme Court decided Wednesday, reversing summary judgment to the general contractor on the issue of duty.
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Running low on funds, Vonnegut museum seeks speedy outcome to legal fight

April 18, 2017
Indianapolis Business Journal, Scott Olson
The Kurt Vonnegut Museum and Library is asking a judge to rule quickly on the legal dispute over its failed move to Massachusetts Avenue in Indianapolis, fearing the not-for-profit could run out of money before the case is resolved.
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Indianapolis officials, landowner lock horns over Brightwood library branch plan

April 5, 2017
Dave Stafford
Thousands each day drive past a sign on Sherman Avenue near 25th Street in Indianapolis bearing an unequivocal statement of Sheena Schmidt’s sentiments and an irritant for some city officials — a billboard-like placard that reads, “Say no to eminent domain.”
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20-year-old statute being increasingly used for public-private partnership agreements

April 5, 2017
Marilyn Odendahl
Attorneys have noticed use of Indiana Code 5-23, or the Build-Operate-Transfer statute, becoming more popular. Not only is it being used for more public-private partnerships, but it also gives cities and developers a great deal of flexibility in design and implementation.
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Judge approves $25M Trump University settlement

March 31, 2017
 Associated Press
A judge on Friday approved an agreement for President Donald Trump to pay $25 million to settle lawsuits over his now-defunct Trump University, ending nearly seven years of legal battles with customers who claimed they were misled by failed promises to teach success in real estate.
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Supreme Court seems divided in property-rights dispute

March 20, 2017
 Associated Press
A divided U.S. Supreme Court struggled Monday over a property rights dispute that could make it tougher for state and local governments to limit development in coastal areas.
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Indiana considers prohibiting cities from banning Airbnb

March 20, 2017
 Associated Press
Indiana cities and towns wouldn’t be allowed to restrict companies such as Airbnb under a proposal state lawmakers are considering as they wade into the parochial matters of property rights and zoning disputes.
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Justices remand Bloomington property partition dispute

March 6, 2017
Olivia Covington
A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.
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COA reverses denial of summary judgment to bank

January 26, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that U.S. Bank is a bona fide purchaser of an Indianapolis property and was entitled to summary judgment after finding that the mortgage an investment company held on the property could not be found by an adequate title examination.
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Neighbors sue to block $23M College Avenue development

January 9, 2017
Scott Olson
Neighbors of the site where a local developer plans to build a $23 million apartment and retail project along North College Avenue are seeking to stop the controversial project by taking legal action.
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Property contract with no-cheating clause enforceable

January 3, 2017
Olivia Covington
A Jefferson County woman must convey her assets in a property she shared with her ex-boyfriend after she became pregnant by another man in breach of a contract she signed with the ex-boyfriend, the Indiana Court of Appeals found Friday.
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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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