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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.