ILNews

Supreme Court takes eminent domain case to clean up confusion

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Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.

The Supreme Court granted transfer to Clark County Board of Aviation Commissioners, Board of Commissioners of Clark County, Indiana v. Dennis Dreyer and Margo Dreyer, as co-personal representatives of the estate of Margaret A. Dreyer, 10S01-1308-PL-529.

 
In this case of eminent domain, the Indiana Court of Appeals affirmed the trial court’s judgment in favor of the property owners. The Clark County Board of Aviation Commissioners appealed, arguing the lower court lacked subject matter jurisdiction as predicated in the language of State v. Universal Outdoor, Inc., 880 N.E.2d 1188, 1190 (Ind. 2008).

The COA rejected the board’s argument. It pointed out the passage from Universal Outdoor is “misleading.” If statutory procedures are not followed, the trial court could be prohibited from hearing the issue of damages not because it lost jurisdiction but because legal error was committed.

Writing for the Supreme Court, Chief Justice Brent Dickson acknowledged the Court of Appeals was correct. When deciding Universal Outdoor, the Supreme Court should have stated failure to file a timely exemption bars a property owner from challenging the filed report.

 
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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