landowner issues

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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Trial court erred in land survey dispute

August 30, 2012
Jennifer Nelson
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
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COA affirms its reversal of trial court in land-use case

August 28, 2012
Dave Stafford
Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.
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In environmental suit, court properly vacated ruling for Bloomington dry cleaner

August 28, 2012
Dave Stafford
A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.
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Court affirms judgment with minor recalculation in decade-long dispute

August 27, 2012
Dave Stafford
The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.
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Judges order proceedings on guarantors’ liability

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
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Appeals court partially reverses denial of familial sale from trust

August 14, 2012
Dave Stafford
A trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
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Trial court erred in abrogating homeowner’s obligation to pay fees to HOA

August 13, 2012
Marilyn Odendahl
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
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Trial court erred in finding provision was liquidated damages clause

August 7, 2012
Jennifer Nelson
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
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Court affirms judgment for developer, real estate company in suit over sinking home

August 7, 2012
Jennifer Nelson
A couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
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Agreement doesn’t preclude subsequent lawsuit for water damage

August 7, 2012
Jennifer Nelson
A release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage to their home in 2007, the Court of Appeals held.
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Court affirms convictions of man who shot at teenagers

August 6, 2012
Jennifer Nelson
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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Supreme Court rules landowner must pay county drainage assessment

July 30, 2012
Dave Stafford
A Marshall County landowner will have to pay a drainage assessment on a county-maintained ditch, even though he said his property derives little benefit from the drainage system for which he’s ordered to pay a share.
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NRC may dictate placement of pier

June 27, 2012
Jennifer Nelson
A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.
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Language of easement allows parking

June 26, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.
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Zionsville wins in appeal of zoning dispute with airport authority

June 20, 2012
Jennifer Nelson
The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.
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Indianapolis prevails in US high court on sewer tax case; residents, attorneys stung

June 20, 2012
Dave Stafford
Thirty-one Indianapolis property owners who paid as much as 30 times more than their neighbors for sewer service got resolution from the U.S. Supreme Court in their lawsuit against the city. They lost.
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SCOTUS rules in favor of Indianapolis in sewer dispute

June 4, 2012
Jennifer Nelson
The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
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Appeals court upholds motion to correct error, voiding Elkhart tax deed

June 1, 2012
Dave Stafford
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
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Judges rule on lease dispute involving hospital

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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