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Man gets partial win on appeal, still must pay for damaging woman’s home

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The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.

Jewell Reuter had a mobile home on a small portion of her family’s land for more than 20 years. She tended the land and installed a septic system and water lines to access a nearby well. But the land was never deeded to her. When Larry Flick purchased 2.28 acres of the family land in a foreclosure sale, nearly all of Reuter’s land, part of her septic system and the well she used were included in the portion of the land.

He tried to drive Reuter out by severing the water lines access her well, destroying her plants with a large rotary mower, and by erecting an electric fence around the home.

The trial court ruled in favor of Reuter on her adverse possession and prescriptive easement claims and awarded $29,487.70 in damages against Flick.

“Although we ultimately conclude that Reuter’s adverse-possession and prescriptive-easement claims fail, we affirm the trial court’s $29,487.70 judgment against Flick for damages he caused by attempting to eject Reuter without court authorization,” Chief Judge Nancy Vaidik wrote in Larry Edward Flick v. Jewell Reuter, 47A01-1303-PL-135. “Indiana Code section 32-30-2-1 provides that a person having a valid interest in real property and a right to the possession of that property may recover it and take possession by bringing an action against a person claiming the title or interest in the real property. Flick disregarded the statute and engaged in unconscionable self-help; he must pay for the damage he caused by taking the law into his own hands.”

In reversing the trial court, the COA found that Reuter did not prove her payment of required taxes in order to succeed on her adverse possession claim. She was only able to show, at best, that she paid taxes on her mobile home from 2006 to 2010. She was never able to show that she paid taxes on the land, which she said she had paid since 1988 and included the land and her home.

On her prescriptive easement claim, Reuter was unable to produce evidence that she had communicated with the previous owners for permission to live on the land. They let her live on the land because she was family, and the circumstances of her use before Flick’s arrival show that her use was permissive, Vaidik wrote.

The COA also denied her request for appellate attorney fees.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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