landowner issues

Grandchildren not entitled to proceeds of land sale under will

June 7, 2013
Jennifer Nelson
A Monroe Circuit judge did not err in denying a motion by three grandchildren to correct errors in which they claimed that they, instead of their grandmother’s second husband, should have received the proceeds of the sale of land in Bloomington. The Indiana Court of Appeals held the Bloomington residence was adeemed by extinction, so the proceeds of the sale pass to Cora Young’s second husband, Theodore.
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COA rules for first time on retroactivity of Mineral Lapse Act

May 15, 2013
Jennifer Nelson
The 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.
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Justices rule in favor of Vincennes Girl Scouts in dispute over camp

May 14, 2013
Jennifer Nelson
Indiana 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.
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Mobile home park's occupancy rate not enough to reduce property assessment

May 6, 2013
Marilyn Odendahl
A 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.
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Tax court rules that evidence, not conclusory statements, needed to make prima facie case

April 30, 2013
Marilyn Odendahl
A 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.
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Judges affirm dismissal of city’s counterclaim without prejudice

April 30, 2013
Jennifer Nelson
The 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.
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Right to Farm Act bars CAFO nuisance claim, appeals court rules

April 30, 2013
Dave Stafford
A 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.
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Suspended attorney stripped of quiet title to foreclosed home he repaired

April 30, 2013
Dave Stafford
A 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.
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Workers’ comp, JTAC bills pass full Senate

April 11, 2013
Jennifer Nelson
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
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Roche owes Marsh Supermarkets $18M for breaking sublease

April 1, 2013
Jennifer Nelson
The 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.
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7th Circuit rules against homeowners on quiet title action

March 29, 2013
Jennifer Nelson
A 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.
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Gerdt Furniture owners embroiled in $4M court fight

March 14, 2013
Scott Olson
A 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.
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Ruling: Easement to Eagle Creek indeed leads to water

March 11, 2013
Dave Stafford
A 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.
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DTCI: Premises liability for the criminal acts of others

February 13, 2013
From DTCI
Indiana 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.
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7th Circuit affirms District Court in long-running nursing home litigation

February 12, 2013
Dave Stafford
More 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.
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INDOT can take Ohio County property for road improvements

January 16, 2013
Jennifer Nelson
The 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.
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COA orders continuation of insurer’s case against tenant

December 19, 2012
Jennifer Nelson
Because 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.
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Judges rule legal malpractice claim untimely

December 13, 2012
Jennifer Nelson
A 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.
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COA rehearing restates trial court survey remedies

December 4, 2012
IL Staff
The Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
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COA affirms order Amish connect to sewer system

November 29, 2012
Jennifer Nelson
The 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.
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Judges order trial on couple’s responsibility to unpaid subcontractors

November 7, 2012
Jennifer Nelson
The 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.
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Board did not abuse discretion in finding assessor’s appraisal more persuasive

November 6, 2012
Marilyn Odendahl
Noting 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.
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Woman’s claim for reformation of deed fails

October 29, 2012
Jennifer Nelson
A 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.
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Majority affirms couple didn’t establish element of adverse possession

October 24, 2012
Jennifer Nelson
Two 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.
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Judges uphold family has no right of access through neighbor’s property

October 17, 2012
Jennifer Nelson
A 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.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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