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Sewer district owed refund in easement dispute

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The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.

Twin Lakes Regional Sewer District filed a complaint for appropriation of easement for two permanent sewer easements and two temporary construction ones on two plots of land owned by Robert and Paula Teumer. The couple appeared pro se. The trial court appointed three appraisers to assess the damages to which the Teumers were entitled; the appraisal said the couple was owed $5,434. Twin Lakes paid it to the clerk and challenged the appraisers’ report. The clerk sent the money to the Teumers three days later by error.

The court ultimately decided the Teumers were owed just $5,000 and ordered the clerk to refund $434. The sewer district appealed in Twin Lakes Regional Sewer District v. Robert W. Teumer and Paula K. Teumer, 91A04-1212-PL-638, claiming the judge was improperly influenced by the Teumers because they appeared pro se and that judicial notice was an improper means for admitting the court-appointed appraisers’ report.

The trial court may not admit evidence on its own motion where it would not otherwise be able to do so, in order to not “hold it against” a pro se party, as the judge said in this case, Chief Judge Margret Robb wrote. Pro se litigants are to be held to the same legal standards as licensed attorneys. In addition, judicial notice was not an appropriate avenue for admission of the appraisers’ report because the amount of damages was in dispute. Twin Lakes introduced an appraisal that valued the damages at just $950.

There is insufficient evidence to support the $5,000 award to the Teumers because the court-appointed appraisal report was improperly judicially noticed. The report also had several other problems, including that it makes several claims to be a fee-simple appraisal and not an easement take.

Because the only other evidence admitted regarding damages was the report by Twin Lakes’ appraiser valuing the damages at $950, and whose testimony was uncontroverted, the judges ordered the $950 judgment in favor of the Teumers. The clerk is responsible for refunding the overpayment to Twin Lakes. The clerk may then try to recover the overpayment from the Teumers, Robb pointed out, because the money should still be in the hands of the clerk.
 

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  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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