landowner issues
Homeowner association has authority to decide on new home proposal
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s
interpretation of covenants on building a new home.
MoreAppellate court rules on bona fide purchaser dispute
April 4, 2012
Michael HoskinsThe Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide
property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.
MoreJudges disagree on meaning of language in city ordinance
March 22, 2012
Jenny MontgomeryThe Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority
based on his interpretation of “conspicuous change.”
MoreMajority upholds finding of contempt
March 21, 2012
Jennifer NelsonThree Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt
for doing work on a site with possible environmental issues after a temporary restraining order had been issued.
MoreSupreme Court declines to set aside tax deed
March 21, 2012
Jennifer NelsonThe Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s
office satisfied the due process requirement articulated by the United States Supreme Court.
MoreJustices rule on railbanking certified question
March 20, 2012
Michael HoskinsThe Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way
case that involves property owners who want their land rights back for easements that once belonged to a railroad company.
MoreJudges rule on lakefront land rights case
March 15, 2012
Michael HoskinsThe Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of
land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes
and the shore of Big Long Lake.
MoreCOA affirms trial court in land rental dispute
March 13, 2012
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a tenant who was not
given adequate notice to vacate rented land.
MoreTitle dispute leads to appellate reversal
March 7, 2012
Michael HoskinsThe Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine
the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement
dispute.
MoreJustices take environmental, land rights appeals
February 13, 2012
Michael HoskinsThe Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving
legislative fines against lawmakers and Secretary of State Charlie White.
MoreHomeowners' association can enforce ban on child day care
February 7, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their
residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care
home.
More7th Circuit dismisses South Bend's appeal
February 7, 2012
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can
come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
MoreCOA holds volunteer caretaker not entitled to damages
January 27, 2012
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking
care of a blighted property.
MoreAppellate court upholds easement ruling
January 11, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access
easement.
MoreCOA rules on right of first refusal issue
December 13, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors
could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.
MoreConstruction of fence is actionable tort
December 6, 2011
Jenny MontgomeryThe Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.
MoreTax Court denies assessor's motion to dismiss appeal
November 2, 2011
Jennifer NelsonIndiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original
tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
MoreCircuit Court rules in favor of utility
September 29, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether
landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined
to certify a question to the Indiana Supreme Court.
MoreJudges affirm division of property
September 21, 2011
Jennifer NelsonAlthough a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of
Appeals upheld the division because one of the owners didn’t show he was prejudiced.
MoreDamage of personal property not unconstitutional taking
September 12, 2011
Jennifer NelsonThe Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking
of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to
support their decision.
MoreCOA reverses trial court on Kroger building proposal
August 18, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that the Town of Plainfield Plan Commission must provide The Kroger Co. with specific
reasons its building plan was denied or allow Kroger to build a gas station as planned.
MoreCOA rules paying penalty doesn't nullify appeal
August 16, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that
paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s
validity.
MoreJudges split over order property owner pay for construction of drainage-ditch arm
August 10, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding
should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s
decision will promote “water wars” between neighbors.
MoreCOA: Suit against sewer district isn’t a public lawsuit
August 9, 2011
Jennifer NelsonThe Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to
a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana
Court of Appeals ruled Tuesday.
MoreJustices accept church-property dispute
May 31, 2011
IL StaffThe Indiana Supreme Court has agreed to take a case between a Vanderburgh County church and its former national organization
dealing with what happens to the local church property after the local church defected to another Presbyterian organization.
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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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...