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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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