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Kohl’s loses appeal vs. developer, county over Evansville store

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A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.

An appellate panel found no error in Vanderburgh Circuit Judge Carl Heldt’s grant of summary judgment in favor of the Evansville-Vanderburgh County Area Plan Commission and the Board of Commissioners of Vanderburgh County. Both of those bodies were named as defendants in Kohl's Indiana, L.P. and Kohl's Dept. Store, Inc. v. Dennis Owens, et al., 82A05-1203-PL-103.

The suit arose after developer Dennis Owens failed to complete a project to build a store and associated infrastructure at the Carpentier Creek Pavilion Subdivision on the west side of Evansville. Kohl’s completed the project and in 2006 brought suit against multiple defendants including Owens, the public entities and financial institutions.

In affirming the trial court, the COA held that neither public body accepted a common obligation to complete the project and that Kohl’s cannot recover on a theory implied in law because a contract with the Board of Commissioners required Kohl’s to complete public infrastructure improvements at its expense.

Kohl’s failed to prevail on theories of contribution or unjust enrichment.

“While we ultimately find no merit to any of Kohl’s arguments, we do not find that its appeal is permeated with meritlessness or any of the other factors that would warrant an award of appellate attorney’s fees. We therefore deny the Board of Commissioners’ request for appellate attorney’s fees,” Judge Nancy Vaidik wrote for the unanimous panel.
 


 


 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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