May 25, 2011
Michael HoskinsNearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme
Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have
the right to resist police who enter their home, even if those entries are illegal.
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May 16, 2011
Jennifer NelsonA trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because
the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled
the Indiana Court of Appeals.
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May 4, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord
did deliver an itemized damages letter within statutory deadlines.
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May 3, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery
Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department
of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the
homeowners’ suit based on the Colorado River abstention doctrine.
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March 31, 2011
Michael HoskinsThe Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state
Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s
of great public importance and should be decided on the merits.
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March 30, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that
the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents
had argued based on past caselaw.
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February 28, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table
on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded
from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
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February 10, 2011
Jennifer NelsonThe Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that
a new law doesn’t apply to the facility or require it to get a new permit.
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December 13, 2010
IL StaffThe Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about
icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
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October 25, 2010
IL StaffThe Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals
involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
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September 23, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts,
and other objects were placed along a disputed easement area to prevent people from driving along it.
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August 26, 2009
Jennifer NelsonDespite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that
deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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July 14, 2009
Jennifer NelsonThe Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on
properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the
authority to collect the fee within its corporate limits.
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July 9, 2009
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed
under its restrictive covenants because the rental property was for "residential use."
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June 15, 2009
Jennifer NelsonIn affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the
Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code
Section 36-7-4-1009.
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April 9, 2009
Jennifer NelsonA person driving drunk can be arrested even if they are driving on private property, including their own property, ruled the
Indiana Supreme Court Wednesday.
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March 10, 2009
Jennifer NelsonAddressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor
of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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December 16, 2008
Jennifer NelsonThe owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment
on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
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November 17, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy
in a property, finding the parties actually held one-third undivided interest as joint tenants.
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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.