Real Estate/Construction

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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COA affirms ruling for lender in Shelbyville low-income housing dispute

December 21, 2016
Dave Stafford
A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.
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COA rejects Duke’s claims against proposed Franklin traffic expansion

December 16, 2016
Olivia Covington
Duke Energy of Indiana cannot prevent the city of Franklin from expanding an east-side intersection, the Indiana Court of Appeals found Friday, allowing the city to move forward with a project designed to beautify the State Road 44 corridor off of Interstate 65.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Tax court affirms CVS valuation, stands by prior retail rulings

November 7, 2016
Olivia Covington
A CVS store in Bloomington has won its case against what it said were inaccurate tax assessments after the judge of the Indiana Tax Court rejected the argument that her previous rulings were inaccurate.
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Bouncing back from the bust

November 2, 2016
Marilyn Odendahl
Hammered in the recession, real estate law now faces competition from nonlawyers as well as the need to attract new faces.
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Pittman family dispute escalates with new lawsuit

October 21, 2016
Lindsey Erdody, IBJ Staff
An ongoing family dispute could cause some of the companies related to a retail real estate development in Carmel to be dissolved.
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Will next governor pave the way for more public-private partnerships?

October 11, 2016
Hayleigh Colombo, IBJ Staff
The controversial 2006 lease of the Indiana Toll Road paved the way for highway projects funded by public-private partnerships in Indiana — including the relatively smooth and nearly finished building of a bridge over the Ohio River at Louisville and the beleaguered construction of a 21-mile stretch of Interstate 69 from Bloomington to Martinsville.
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Airbnb’s San Francisco showdown may set rules for gig economy

October 6, 2016
 Bloomberg News
Airbnb Inc. has a message for cities that try to enforce rules that crimp its couch-surfing style: See you in court.
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Judge gives 60 days for owners to raze Battle Ground hotel

October 5, 2016
 Associated Press
A judge has ordered the owners of a decaying Battle Ground hotel to demolish the structure within 60 days due to years of neglect.
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I-69 developer's missed payments ignites dispute

September 8, 2016
 Associated Press
A southern Indiana mayor blamed Republican Gov. Mike Pence's administration on Wednesday for allowing a private developer to fall behind in payments to subcontractors, leading to a work stoppage on a new section of the Interstate 69 extension project.
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Indiana owner of Wright house sues over historic designation

September 1, 2016
 Associated Press
The owner of a northeastern Indiana home designed by famed architect Frank Lloyd Wright is suing Fort Wayne officials over the home's historic designation.
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COA affirms developer’s liability on defaulted property

August 31, 2016
Jennifer Nelson
A real estate developer whose project had to be sold after the company defaulted on the mortgage is on the hook for nearly half the owed price based on a contract he signed as guarantor, the Indiana Court of Appeals affirmed.
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Man gets 10 years for fatal I-69 construction zone crash

August 10, 2016
 Associated Press
A motorist whose pickup truck crashed into and killed two highway construction workers has been sentenced to 10 years in prison.
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COA: investors owed reimbursement

July 29, 2016
Marilyn Odendahl
Although a reversal in the Indiana Court of Appeals handed an investment firm a reimbursement, the amount of funds to be returned is unknown since the trial court was left to figure the sum.
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After 10-year legal battle, Zionsville approves Wal-Mart's store plans from 2006

July 19, 2016
Lindsey Erdody, IBJ Staff
The Zionsville Plan Commission on Monday night unanimously approved Wal-Mart Stores Inc.’s 10-year-old proposal to construct a store in one of the area's top retail corridors.
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Quoting Dickens’ ‘Bleak House,’ judge decides 24-year-old lawsuit

July 14, 2016
Dave Stafford
A Lake County judge on Wednesday ordered summary judgment for defendants in a 24-year-old lawsuit he likened to the interminable Jarndyce and Jarndyce case in Charles Dickens’ novel “Bleak House.”
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Indy property management group accused of discriminating against families

July 13, 2016
Hayleigh Colombo, IBJ Staff
Fair housing advocates have filed a complaint with the federal government against Indianapolis-based property management group AMP Residential, alleging the group has “engaged in systemic discrimination against families with children.”
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Builder, trade groups sue Greenwood over new design standards

July 5, 2016
IBJ Staff
An Indianapolis-based home builder and two trade associations have filed a lawsuit against Greenwood, claiming the city has adopted architectural standards on new houses that will drive up prices so significantly that the costs would preclude home ownership for thousands of residents.
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COA: Seller not liable for undisclosed septic system

June 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
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Former Whitestown-based builders charged with $1.2M in fraud

June 6, 2016
IBJ Staff
The co-owners of a Whitestown-based homebuilder that filed for bankruptcy in 2013 have been arrested and charged with theft, corrupt business influence, perjury and forgery, Indiana State Police announced Saturday.
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Trump says he’ll win lawsuit over his real estate school

June 1, 2016
 Bloomberg News
Donald J. Trump claimed he’ll win a lawsuit alleging his namesake real-estate school swindled students as documents unsealed in a related racketeering case showed the hard sell given hesitant prospects.
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Although unlicensed in county, contractor still owed for work

May 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
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Contract’s ambiguities win homeowners a reversal

May 31, 2016
Marilyn Odendahl
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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