Order to demolish home reversed by Court of Appeals

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A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.

Fishers residents Michael and Melody Bogan sued the developer of Lake Stonebridge subdivision and the homebuilder after their home’s lower level flooded twice. The site development plan called for the lower-level elevation of their home to be at 789 feet, but to accommodate a change the Bogans requested, the basement’s finished floor elevation was 788.04 feet.

After the trial court awarded the homeowners partial summary judgment against the homebuilder, Trinity Homes LLC, and the subdivision developers, Land Innovators L.P., and R.N. Thompson, the Bogans filed a motion requesting, in part, the court allow the home to be removed from the lot.

The trial court granted the motion but stayed the order pending appeal.

The Indiana Court of Appeals reversed in Land Innovators Company, L.P., R.N. Thompson, Trinity Homes, Inc. and Trinity Homes, LLC d/b/a Beazer Homes v. Michael L. Bogan and Melody A. Bogan, 29A05-1306-PL-308. The COA ruled the trial court’s decision was improper without the presentation of evidence.

On appeal, Land Innovators, Thompson and Trinity Homes argued other alternatives besides removal of the home are available to remedy the problem.  

“Whether the appellants’ contentions on this point are correct is a matter we need not address,” Judge Margret Robb wrote for the court. “However, we agree that the appellants should have the opportunity to present evidence regarding other potential remedies and that the trial court must make a proper determination that injunctive relief is appropriate in this case.”

The Court of Appeals affirmed the lower court’s grant of summary judgment to the Bogans on liability for negligence, negligence per se, breach of contract and breach of covenants against Trinity. The COA also upheld summary judgment to the Bogans for breach of covenants against Land Innovators and Thompson.  

In addition, the Court of Appeals affirmed the denial of Bogans’ claim of constructive fraud against Trinity and their claim of negligence against the developers. Finally, the COA affirmed the denial of the developers’ claim for indemnification.  



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

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...