landowner issues
COA rules for first time on retroactivity of Mineral Lapse Act
May 15, 2013
Jennifer NelsonThe Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to
only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
MoreJustices rule in favor of Vincennes Girl Scouts in dispute over camp
May 14, 2013
Jennifer NelsonIndiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s
deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
MoreMobile home park's occupancy rate not enough to reduce property assessment
May 6, 2013
Marilyn OdendahlA low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property
assessment reduced.
MoreTax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
MoreJudges affirm dismissal of city’s counterclaim without prejudice
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase
property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation
of the property to be dismissed without prejudice.
MoreRight to Farm Act bars CAFO nuisance claim, appeals court rules
April 30, 2013
Dave StaffordA Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations
to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
MoreSuspended attorney stripped of quiet title to foreclosed home he repaired
April 30, 2013
Dave StaffordA suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without
authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
MoreWorkers’ comp, JTAC bills pass full Senate
April 11, 2013
Jennifer NelsonLegislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday
and goes back to the House with some changes.
MoreRoche owes Marsh Supermarkets $18M for breaking sublease
April 1, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche
breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
More7th Circuit rules against homeowners on quiet title action
March 29, 2013
Jennifer NelsonA Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title
and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
MoreGerdt Furniture owners embroiled in $4M court fight
March 14, 2013
Scott OlsonA family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing
nearly $4 million in unpaid rent and loans.
MoreRuling: Easement to Eagle Creek indeed leads to water
March 11, 2013
Dave StaffordA trial court ruling that forbid residents of a lakefront subdivision from accessing the water from a public easement was
overturned Monday by the Indiana Court of Appeals.
MoreDTCI: Premises liability for the criminal acts of others
February 13, 2013
From DTCIIndiana premises liability jurisprudence may be changing. If it does, being a business owner in Indiana will be increasingly
risky. Not a risk premised on how good the business person may be, but premised on whether a crime will occur at the business
and harm a customer, visitor or guest.
More7th Circuit affirms District Court in long-running nursing home litigation
February 12, 2013
Dave StaffordMore than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday,
which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
MoreINDOT can take Ohio County property for road improvements
January 16, 2013
Jennifer NelsonThe Indiana Court of Appeals found Wednesday that the Indiana Department of Transportation is entitled by law to acquire a
portion of an Ohio County couple’s property to improve State Road 56.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreJudges rule legal malpractice claim untimely
December 13, 2012
Jennifer NelsonA family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way
in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of
limitations.
MoreCOA rehearing restates trial court survey remedies
December 4, 2012
IL StaffThe Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
MoreCOA affirms order Amish connect to sewer system
November 29, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of
the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.
MoreJudges order trial on couple’s responsibility to unpaid subcontractors
November 7, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally
liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they
were sole beneficiaries.
MoreBoard did not abuse discretion in finding assessor’s appraisal more persuasive
November 6, 2012
Marilyn OdendahlNoting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property
owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
MoreWoman’s claim for reformation of deed fails
October 29, 2012
Jennifer NelsonA Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her
appeal of a trial court ruling in favor of neighboring property owners.
MoreMajority affirms couple didn’t establish element of adverse possession
October 24, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges upheld a judgment in favor of landowners on a complaint filed to quiet title in a disputed
area of land, finding the couple seeking to quiet title failed to establish the control element of adverse possession.
MoreJudges uphold family has no right of access through neighbor’s property
October 17, 2012
Jennifer NelsonA family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s
property lost before the Indiana Court of Appeals.
MoreTrial court erred in land survey dispute
August 30, 2012
Jennifer NelsonAlthough a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did
err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.