Landowner Issues

Desire for second boat lift not enough to override prior orders

June 13, 2017
Marilyn Odendahl
The Indiana Court of Appeals swatted away an appeal of a dispute between pier owners, finding previous trial court orders resulting from more than 26 years of litigation over access to a lake clearly stated when a pier’s location can be changed.
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Long Beach seawall dispute goes back to boards

May 30, 2017
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
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Salvation Army sues neighboring Children’s Museum over expansion

May 25, 2017
Scott Olson, IBJ Staff
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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Appeals court reinstates grant of petition to relocate easement

May 25, 2017
Olivia Covington
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
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COA reinstates Madison City Council rezoning denial

May 23, 2017
Olivia Covington
A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.
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COA affirms summary judgment to parents in family land dispute

May 4, 2017
Olivia Covington
After a yearslong dispute between northern Indiana parents and their daughter and son-in-law, the Indiana Court of Appeals has affirmed the grant of partial summary judgment to the parents, finding that a real estate contract between the two couples was unenforceable.
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Questions exist as to whether Clarksville home violates neighborhood covenants

April 18, 2017
Jennifer Nelson
Summary judgment was prematurely granted to a Clarksville homeowner sued by his neighbors for allegedly violating the neighborhood’s restrictive covenants, the Indiana Court of Appeals ruled Tuesday.
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COA: Parties stipulation shows easement is necessary

April 18, 2017
Marilyn Odendahl
In a dispute between neighbors, the Indiana Court of Appeals affirmed a private property owner had to allow part of his land to be used to give access to a tract of land owned by a business.
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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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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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7th Circuit rules for CSX in landowner suit

March 13, 2017
Olivia Covington
The 7th Circuit Court of Appeals has ruled against a Roachdale couple’s claims against CSX Transportation Company after finding that CSX has not lost its easement to a portion of its railroad track adjacent to the couple’s property.
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COA denies rehearing in Lake Michigan public trust case

March 10, 2017
Dave Stafford
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
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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: Adverse possession gives farm owner title to Boone Co. property

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
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COA: All properties in stormwater district contribute to stormwater system

February 15, 2017
Olivia Covington
All property owners within a stormwater district “contribute to” the stormwater system, regardless of whether the property drains into the system, the Indiana Court of Appeals held Wednesday in a case that forces property owners in Richmond to pay a stormwater fee.
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Owners of flooded house lose appeal in suit against Valparaiso

January 3, 2017
Jennifer Nelson
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
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COA holds public trust rights rule along lakeshore

December 7, 2016
Olivia Covington
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
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Lake Michigan private, public land rights clash before COA

September 21, 2016
Dave Stafford
Long Beach, Indiana, is at the center of a landmark dispute between public access and private property rights to the Indiana shore of Lake Michigan.
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COA orders couple to pay fees to lot owner’s association

September 13, 2016
Olivia Covington
The Indiana Court of Appeals has ordered a couple to pay a Bartholomew County lot owner’s association $6,000 in assessment fees despite the couple’s claim that they are not members of the association.
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Pokemon goes to court in backyard monster trespassing case

August 3, 2016
 Bloomberg News
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
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Lake Michigan property line dispute arguments set

July 25, 2016
Dave Stafford
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
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COA: Buyers had notice property was under lease

July 22, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
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COA: Couple proved adverse possession of land along fence

June 28, 2016
Jennifer Nelson
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
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Appeals court reverses its decision on partition fences

May 5, 2016
Scott Roberts
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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