Real Estate/Construction

Housing-discrimination lawsuits backed by US Supreme Court

June 25, 2015
 Bloomberg News
The Supreme Court of the United States said people who file housing-discrimination lawsuits don’t have to show they were victims of intentional bias, in a blow to lenders and insurers and a surprise legal victory for the Obama administration.
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Judge strikes another blow against proposed Illiana Tollway

June 17, 2015
 Associated Press
A U.S. District Court judge in Chicago ruled Tuesday that the federal government's approval of the proposed Illiana Tollway linking northern Illinois and Indiana is invalid.
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COA finds homeowners association committed slander of title

June 11, 2015
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant's requirements when leasing their home.
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COA orders foreclosed Golden Corral to be in sheriff’s sale

June 9, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the holding of a Lake County court that allowed the mortgage holder of a restaurant in Merrillville to immediately take possession of the parcel of land. Under Indiana law, the parcel should go into a sheriff's sale, the majority held.
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Court erred in concluding vested title severed by tax sales

June 4, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.
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Environmental groups sue over Illiana Tollway approval

May 27, 2015
 Associated Press
Illinois environmental groups have filed a lawsuit over the proposed Illiana Tollway. They claim federal approval relied on faulty information and didn't adequately consider environmental impacts.
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Gov. Mike Pence passes law to address vacant housing

May 11, 2015
 Associated Press
City officials in Indianapolis are applauding a law that Indiana Gov. Mike Pence signed last week that won't let municipalities hold banks responsible for upkeep on vacant homes.
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Pence signs bill repealing Indiana construction wage law

May 7, 2015
 Associated Press
Local boards will no longer set minimum wages for public construction projects in Indiana under a law signed Wednesday by Gov. Mike Pence.
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COA orders judgment in favor of woman on adverse possession claim

April 30, 2015
Jennifer Nelson
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
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Mother-daughter home rehab team gets s shot at HGTV gig

April 29, 2015
Scott Olson
An Indianapolis attorney and her daughter who rehab homes in the Fountain Square neighborhood are getting a shot at the national spotlight. If it takes off, Karen Jensen says she'd have to shut down her practice to accommodate filming.
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Senate narrowly backs repeal of construction wage law

April 15, 2015
 Associated Press
The Indiana Senate has narrowly approved a Republican-led push to repeal the state law that sets wages for public construction projects.
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Senate considers changes to bill repealing construction wage

April 15, 2015
 Associated Press
The Republican-controlled Senate defeated several proposed changes Tuesday to a measure that would repeal the state's construction wage law, despite growing concerns over how the bill will affect Indiana's construction industry.
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7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

April 8, 2015
Marilyn Odendahl
When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.
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Stevenson: Construction contractor non-delegable duties: then & now

April 8, 2015
With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.
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Senate panel approves repeal of construction wage law

April 7, 2015
 Associated Press
Indiana's practice of having local boards set wages for public construction projects would be repealed under a GOP-led push that Senate committee members approved Tuesday, a move opponents say could have a negative impact on the industry's workforce.
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Jury returns guilty verdicts in Indy Land Bank case

March 19, 2015
Cory Schouten, IBJ Staff
A federal jury on Wednesday evening returned guilty verdicts on eight felony counts including wire fraud and bribery against Reggie Walton, a former Indianapolis city employee who managed the Indy Land Bank.
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Former Indy Land Bank chief grilled over inconsistent testimony

March 17, 2015
Cory Schouten, IBJ Staff
Former Indy Land Bank director Reggie Walton opted to take the stand in his own defense in federal court this week, and prosecutors used the opportunity to use his words against him.
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Indy Land Bank trial could turn on government wiretaps

March 4, 2015
Cory Schouten
Reginald T. Walton is guilty of "very poor judgment" and "ethics violations," and also "did a pretty good job concealing" his involvement in private real estate partnerships during his tenure leading the Indy Land Bank, but he's not guilty of any crime, his attorney argued in federal court Wednesday.
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Cumberland ups ante in fight to save historic church

March 3, 2015
Scott Olson, IBJ Staff
Cumberland officials are stepping up their efforts to stop a supermarket and convenience store chain from demolishing a historic church by hiring one of Indianapolis’ top real estate attorneys to argue their appeal.
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Debate on common wage repeal lingers during contractor event

March 3, 2015
 Associated Press
A Republican-backed proposal to repeal the state law that sets wages for public construction projects requires further study instead of a quick vote, opponents of the measure said Monday.
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COA ruling revives non-union subcontractor’s Antitrust Act claim

February 26, 2015
Jennifer Nelson
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
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Senate to take up repeal of state construction wage law

February 25, 2015
 Associated Press
The leader of the Indiana Senate says it will take up a Republican-led push to repeal the state law that sets wages for public construction projects.
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Indiana House backs repeal of state construction wage law

February 24, 2015
 Associated Press
The Indiana House on Monday approved a Republican-led push for eliminating the state system that sets wages for public construction projects, although its fate in the state Senate is uncertain.
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House panel backs repealing Indiana public projects wage law

February 17, 2015
 Associated Press
A sharply divided Indiana House committee has endorsed a proposal to repeal the state law that sets wages for public construction projects.
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Construction manager owed no duty to injured independently contracted employee

January 22, 2015
Jennifer Nelson
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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