ILNews

SCOTUS denies Evansville shopping center case

Back to TopE-mailPrintBookmark and Share

The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.

At a private conference on Friday, the Supreme Court of the United States denied certiorari in the case of Kimco of Evansville, et al. v. State of Indiana, No. 09-197. The petition for writ of certiorari asked the justices to address questions about inverse condemnation as it applies to federal law, and what constitutes "judicial taking" or "judicial legislation," but the high court declined, meaning the 3-2 decision from Indiana's justices in March 2009 remains in effect.

The case involved the Plaza East Shopping Center and the state's acquisition of a strip of land needed to improve traffic flow onto a nearby expressway. That action sparked the litigation, in which Kimco claimed the construction and taking of that land affected traffic flow into and out of the shopping center and depreciated its value. The jury had awarded $2.3 million in finding that the company suffered a particular, private injury resulting from interference of Kimco's rights of ingress and egress. The Indiana Court of Appeals had affirmed that, but the Supreme Court found that Kimco was only entitled to $100,700 - the value of the physical taking of the strip of land and temporary construction easement.

Attorneys for the Indiana shopping center sought review from the SCOTUS, claiming in part that the state justices' ruling overruled federal precedent on land taking and compensation.

Now, the state court's ruling that reversed the Vanderburgh Superior judgment stands and its being remanded for further proceedings.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT