Real Estate/Construction

Chicago man sues over fatal plunge at destroyed Indiana span

May 12, 2016
 Associated Press
A Chicago man whose wife died when he drove off a road leading to a demolished northwestern Indiana bridge claims in a lawsuit that not enough was done to block the roadway.
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Developer Alig avoids prison time with plea deal

May 2, 2016
Scott Olson, IBJ Staff
A prominent Indianapolis developer who pleaded guilty to one count of theft and one count of securities fraud received a four-year suspended sentence Monday morning and was ordered to repay victims $321,000.
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China: Can't sue Cabinet-level agency over Chinese drywall

April 22, 2016
 Associated Press
China's Ministry of Justice has sent back a lawsuit in which thousands of U.S. homeowners in six states say a Cabinet-level agency should pay for damage to their homes from defective drywall made in China.
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COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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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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Attorney lands series on HGTV with her daughter

March 30, 2016
IBJ Staff
Mother-daughter team Karen E Laine and Mina Starsiak, who own Indianapolis-based renovation business Two Chicks and a Hammer Inc., have landed their own television series on HGTV.
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COA: Contract can be rescinded after land misrepresented

March 29, 2016
Scott Roberts
The Indiana Court of Appeals found a rental company could rescind its purchasing contract for a tract of land after the company that owned the land misrepresented it to the buyer.
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Ruling: Simon must face anti-trust suit from competitor

March 21, 2016
Dave Stafford
Indianapolis-based Simon Property Group must face an anti-trust lawsuit from a competitor that developed a northern Indiana shopping center near a Simon mall, a federal judge has ruled.
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COA: Attorneys can rely upon representations of other attorneys

March 16, 2016
Scott Roberts
The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.
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7th Circuit: Developer's appeal is frivolous

March 1, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
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Apartment residents sue over broken elevator

February 11, 2016
IL Staff
The owners of an apartment complex who took nearly two months to repair a broken elevator, leaving residents with disabilities essentially stranded in their apartments, have been sued over the summer 2015 incident.
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Appeals court clarifies home improvement contract ruling

February 10, 2016
Jennifer Nelson
The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.
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Indiana AG sues 3 companies in alleged tax-sale scheme

February 3, 2016
 Associated Press
Indiana is suing three out-of-state companies for allegedly orchestrating a scheme that bilked dozens of state residents out of millions of dollars after their homes were sold in tax sales.
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Court affirms in part lien priority ruling

January 19, 2016
Jennifer Nelson
A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.
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Appeals court hears injured worker's bid for lost earnings

January 7, 2016
 Associated Press
An attorney for a Mexican man who's seeking lost future earnings for a workplace back injury told the Indiana Court of Appeals on Wednesday that his client should be allowed to pursue those wages at U.S. pay rates instead of rates in his home country.
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Marion County residents mount court challenge to stop project

December 22, 2015
Scott Olson, IBJ Staff
Three Ransom Place residents in Indianapolis are challenging the city’s approval of a large residential project planned for the neighborhood and are asking a Marion County judge to stop the $10 million development.
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Complex legal efforts part of groundwork for 2 new bridges across Ohio River

December 16, 2015
Marilyn Odendahl
Hoosier attorneys and their Kentucky colleagues had to find ways to write agreements to bring four state highway and financing agencies together to cooperate across state lines in a manner that complied with their own statutes.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Indianapolis real-estate developer pleads guilty to fraud

December 9, 2015
 Associated Press
An Indianapolis real-estate developer has pleaded guilty to theft and fraud charges involving $340,000.
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Johnson gets 5-year sentence in Indy Land Bank case

December 7, 2015
IBJ Staff
David Johnson, who was found guilty of wire fraud and money laundering as part of the Indy Land Bank scandal, was sentenced to more than five years in federal prison Friday by U.S. District Judge William T. Lawrence.
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COA: property conveyed with a restrictive covenant

December 4, 2015
Jennifer Nelson
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
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Downtown condo association again files suit for building damage

December 2, 2015
Scott Olson, IBJ Staff
The homeowners association for a downtown Indianapolis condominium complex again is suing the owner and builder after a new round of problems caused about $6 million in damage to the structure.
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Trump’s likening seminars to Wharton may send him to trial

November 23, 2015
 Bloomberg News
Donald Trump moved closer to a jury trial over allegations he misled Trump University students with promises that seminars as good as the Wharton business school would be taught by his “handpicked” instructors.
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Falcon: Are no-damage-for-delay clauses enforceable?

November 4, 2015
When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?
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Sweeping changes in HOA laws aim for dispute resolution and transparency

November 4, 2015
Dave Stafford
Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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