Landowner Issues

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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Couple must pay taxes on home even if it wasn’t completed

May 5, 2016
Scott Roberts
The Indiana Tax Court upheld a decision Wednesday from the Indiana Board of Tax Review which said a couple must pay taxes on their residence whether or not it was completed.
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Indy Rezone creates roadmap for city’s future

April 6, 2016
Marilyn Odendahl
New ordinance allows secondary dwellings and encourages denser neighborhoods.
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COA: Wood boiler cannot be used while court case is pending

February 25, 2016
Scott Roberts
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
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COA: Neither party entitled to summary judgment in ‘household’ definition dispute

February 16, 2016
Jennifer Nelson
The Indiana Court of Appeals held summary judgment is inappropriate for either party in a lawsuit seeking to declare a woman who was renting a home as a member of the household of the homeowners for insurance purposes.
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Justices: Couple not entitled to prescriptive easement

February 16, 2016
Jennifer Nelson
The Indiana Supreme Court on Tuesday reversed the holding of a trial court that a couple should receive a prescriptive easement for the use of their outbuildings that encroached onto a strip of land purchased at a tax sale.
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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.
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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.
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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.
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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.
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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.
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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.
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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.

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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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