landowner issues
COA affirms its reversal of trial court in land-use case
August 28, 2012
Dave StaffordProperty owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before
the Indiana Court of Appeals.
MoreIn environmental suit, court properly vacated ruling for Bloomington dry cleaner
August 28, 2012
Dave StaffordA Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment
in the businessman’s favor.
MoreCourt affirms judgment with minor recalculation in decade-long dispute
August 27, 2012
Dave StaffordThe Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former
mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on
the restaurant’s earnings.
MoreJudges order proceedings on guarantors’ liability
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding
how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
MoreAppeals court partially reverses denial of familial sale from trust
August 14, 2012
Dave StaffordA trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old
mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
MoreTrial court erred in abrogating homeowner’s obligation to pay fees to HOA
August 13, 2012
Marilyn OdendahlThe Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement
community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
MoreTrial court erred in finding provision was liquidated damages clause
August 7, 2012
Jennifer NelsonA forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden
property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday.
The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
MoreCourt affirms judgment for developer, real estate company in suit over sinking home
August 7, 2012
Jennifer NelsonA couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages
because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
MoreAgreement doesn’t preclude subsequent lawsuit for water damage
August 7, 2012
Jennifer NelsonA release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work
that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage
to their home in 2007, the Court of Appeals held.
MoreCourt affirms convictions of man who shot at teenagers
August 6, 2012
Jennifer NelsonA Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into
his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
MoreSupreme Court rules landowner must pay county drainage assessment
July 30, 2012
Dave StaffordA Marshall County landowner will have to pay a drainage assessment on a county-maintained ditch, even though he said his property
derives little benefit from the drainage system for which he’s ordered to pay a share.
MoreNRC may dictate placement of pier
June 27, 2012
Jennifer NelsonA family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family
must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence,
the Indiana Court of Appeals ruled.
MoreLanguage of easement allows parking
June 26, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park
its cars on that easement.
MoreZionsville wins in appeal of zoning dispute with airport authority
June 20, 2012
Jennifer NelsonThe portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses”
to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an
airport it owns in Boone County, the Indiana Court of Appeals concluded.
MoreIndianapolis prevails in US high court on sewer tax case; residents, attorneys stung
June 20, 2012
Dave StaffordThirty-one Indianapolis property owners who paid as much as 30 times more than their neighbors for sewer service got resolution
from the U.S. Supreme Court in their lawsuit against the city. They lost.
MoreSCOTUS rules in favor of Indianapolis in sewer dispute
June 4, 2012
Jennifer NelsonThe Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection
Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
MoreAppeals court upholds motion to correct error, voiding Elkhart tax deed
June 1, 2012
Dave StaffordAn Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not
receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
MoreJudges rule on lease dispute involving hospital
May 29, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third
party, but the damages the trial court ordered the hospital pay need to be reconsidered.
MoreCOA reverses in foreclosure dispute
May 10, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney
fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad
faith.
More7th Circuit vacates sanction in contempt judgment
May 1, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases
involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was
imposing the sanction he did, so the 7th Circuit vacated the sanction.
MoreCOA affirms use of equitable subrogation
April 30, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but
reversed regarding the order the defendant pay the plaintiff’s attorney fees.
MoreCOA rules on Kroger fuel sign dispute
April 25, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass
and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling
station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
MoreCOA reverses trial court in estate case
April 24, 2012
Jenny MontgomeryThe Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not
notify opposing counsel that a motion had been filed.
MoreAppellate panel affirms trial court in dispute over unpaid land rental
April 23, 2012
Jenny MontgomeryA trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
MoreJudges rule on easement dispute
April 17, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with
a condominium complex, which would affect the use of a sidewalk by the condo homeowners.
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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.