landowner issues

Party not aggrieved by vacation of alley by university

February 12, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property, finding property owners were not aggrieved by the vacation.
More

Hoosier’s quest to reach public road ends at 7th Circuit

February 9, 2016
Marilyn Odendahl
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
More

Court orders portion of roof removed due to trespass

February 5, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
More

Woman breached settlement in trail construction dispute

December 4, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
More

Deed allows owners to make wells deeper, court rules

October 9, 2015
Jennifer Nelson
A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.
More

Columbus landowner loses appeal of subdivision denial

August 19, 2015
Dave Stafford
The city of Columbus Plan Commission did not abdicate its authority to a resident’s neighbors when it denied an application to subdivide a piece of property into three lots of about one acre apiece.
More

Judge: Landowners can't keep public off Lake Michigan beach

July 30, 2015
 Associated Press
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.

More

COA: Petitioner entitled to tax deed after completing all steps

July 21, 2015
Dave Stafford
An entity that bought two properties at a tax sale fulfilled all the requisite steps to acquire ownership of the parcels, the Indiana Court of Appeals ruled, rejecting an appeal from the trust that previously owned the properties.
More

Parties’ oral modification of land agreement unenforceable

May 28, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.
More

Property owners have no duty for tenant’s free-running dog

May 18, 2015
Marilyn Odendahl
Although the landlords provided the means to restrain the tenant's dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
More

Tax Court affirms Zionsville office assessment

May 15, 2015
Dave Stafford
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
More

Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
More

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.
More

Small Indiana town sued for rejecting proposed cell tower

April 27, 2015
 Associated Press
A company that wants to build a cellphone tower in northeast Indiana is suing a small town, alleging the Zanesville Town Council is violating the federal Communications Act by using zoning ordinances to keep a wireless communications facility out.
More

COA reverses ruling in favor of couple who kept alpacas in residential area

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
More

Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
More

Dispute over beach ownership heading back to trial court

March 26, 2015
Marilyn Odendahl
Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.
More

COA reverses lease judgment for tenant, finds for landlord

March 25, 2015
Dave Stafford
A medical office that leased space from a landlord lost a judgment in its favor in a dispute over owed rent. The Indiana Court of Appeals reversed and ordered judgment in favor of the property owner.
More

Court declines Evansville woman’s suit over flood damage

March 24, 2015
 Associated Press
The Indiana Supreme Court has declined to hear the case of an Evansville woman who sued the city over flood damage to her home that she blames on a storm sewer pipe.
More

Landowners may be on hook for contamination caused by tenants

March 11, 2015
Dave Stafford
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
More

Tax Court affirms denial of exemptions on lake property

February 20, 2015
Dave Stafford
A Lake Wawasee homeowners association failed to persuade the Indiana Tax Court to overturn Board of Tax Review denials of exemptions for waterfront property it claimed was maintained to retain and preserve the natural characteristics of land and water.
More

Indianapolis lawyer wins $79M telecom verdict

February 11, 2015
Dave Stafford
An Indianapolis lawyer won a $79 million federal jury verdict for Missouri landowners who had not been compensated for fiber optic Internet cables a telecommunications company carried on power lines that crossed their property.
More

Title conveyance travels winding road but COA finds owner

January 12, 2015
Marilyn Odendahl
A fresh batch of legal questions are headed to the Wabash Circuit Court for resolution after the Indiana Court of Appeals found feuding neighbors were not co-owners of a lane that connects to all their properties.
More

COA affirms neighbor’s notice to court about survey is sufficient

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s challenge to the denial of his motion to correct error regarding the introduction of a survey reflecting a property line by his neighbor. The case was the result of a boundary dispute.
More

COA affirms judgment for seller in voided land deal

December 30, 2014
Dave Stafford
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.
More
Page  1 2 3 4 5 6 7 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT