landowner issues

Majority upholds finding of contempt

March 21, 2012
Jennifer Nelson
Three 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.
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Supreme Court declines to set aside tax deed

March 21, 2012
Jennifer Nelson
The 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.
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Justices rule on railbanking certified question

March 20, 2012
Michael Hoskins
The 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.
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Judges rule on lakefront land rights case

March 15, 2012
Michael Hoskins
The 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.
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COA affirms trial court in land rental dispute

March 13, 2012
Jenny Montgomery
The 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.
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Title dispute leads to appellate reversal

March 7, 2012
Michael Hoskins
The 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.
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Justices take environmental, land rights appeals

February 13, 2012
Michael Hoskins
The 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.
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Homeowners' association can enforce ban on child day care

February 7, 2012
Jennifer Nelson
The 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.
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7th 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.
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COA holds volunteer caretaker not entitled to damages

January 27, 2012
Jenny Montgomery
The 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.
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Appellate court upholds easement ruling

January 11, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
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COA rules on right of first refusal issue

December 13, 2011
Jennifer Nelson
The 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.
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Construction of fence is actionable tort

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.
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Tax Court denies assessor's motion to dismiss appeal

November 2, 2011
Jennifer Nelson
Indiana 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.
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Circuit Court rules in favor of utility

September 29, 2011
Jennifer Nelson
The 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.
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Judges affirm division of property

September 21, 2011
Jennifer Nelson
Although 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.
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Damage of personal property not unconstitutional taking

September 12, 2011
Jennifer Nelson
The 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.
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COA reverses trial court on Kroger building proposal

August 18, 2011
Jenny Montgomery
The 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.
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COA rules paying penalty doesn't nullify appeal

August 16, 2011
Michael Hoskins
The 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.
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Judges split over order property owner pay for construction of drainage-ditch arm

August 10, 2011
Jennifer Nelson
The 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.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The 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.
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Justices accept church-property dispute

May 31, 2011
IL Staff
The 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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Hundreds gather for rally against Indiana Supreme Court ruling

May 25, 2011
Michael Hoskins
Nearly 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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COA orders trial court to define, locate easement

May 16, 2011
Jennifer Nelson
A 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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Landlord sent itemized letter on time

May 4, 2011
Jennifer Nelson
The 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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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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