ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT