Lawmakers explore site readiness, regulations and demographics in first land use task force
A state task force focused on land use delved into site readiness, regulation challenges and demographic changes during its first meeting Friday.
Landowner Issues
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Farm feud: CAFO challenge turns to U.S. Supreme Court
Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.
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Lake Michigan shore fight continues in court, Legislature
The years-long struggle between public and private rights along Indiana’s Lake Michigan shoreline continues in the Indiana Statehouse and in federal court, even as the state marks the two-year anniversary of a landmark Indiana Supreme Court decision that ruled in the public’s favor.
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Rent-to-own housing lawsuit settlement comes at a cost
Although the legal battle with rent-to-own housing company Casas Baratas Aqui ended with what the Fair Housing Center of Central Indiana calls a “groundbreaking resolution that will have national impact,” the bitterness and damage invoked by the defendants’ counterclaims continues to rankle both sides in the litigation.
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Articles
COA reverses for Hamilton Co. couple over duck hunters in land dispute
An Arcadia couple in an easement dispute with a duck hunting group has secured a pair of reversals from the Court of Appeals of Indiana.
COA partially rules for town in property, ITCA dispute
An Indiana town will receive partial judgment from the Court of Appeals of Indiana on fraud and constructive fraud claims brought against it by a property owner who claimed the town backed out on its promise to purchase land.
COA reverses for farm in neighbors’ shared drainage line dispute
The Court of Appeals of Indiana has reversed in a dispute between neighbors over the use of a drainage line in Montgomery County, finding the farmland owner’s suit wasn’t subject to a six-year statute of limitations.
COA reverses ruling in drainage dispute
A Montgomery County couple concerned about flooding on their property due to drain improvements made for a local town faced a reversal Monday after the Court of Appeals of Indiana found a trial court wrongly ruled in determining a permanent physical invasion had taken place on their land.
Tax Court affirms Indiana Board order to reclassify Porter County couple’s land as agricultural
The Indiana Tax Court has affirmed a ruling on the assessment of a Porter County couples’ property, finding that their attempts to secure additional retroactive relief would provide them with an “end run” around the established rules of procedure for challenging the correctness of assessments.
Columbus car dealership secures Tax Court reversal on base rate application concerns
The Indiana Tax Court has reversed for a Columbus car dealership after finding that three appeals it filed regarding errors in the assessments of its property between 2016 and 2018 presented questions about the objective application of an already-determined base rate prescribed by a land order.
Tax Court reverses assessment because of possible ‘math error’
Finding a math error is objective rather than subjective, the Indiana Tax Court has revived the appeal of a property owner who argued the Bartholomew County assessor calculated his property tax assessment using the wrong base rate.
Reversal: Court must hold hearing on neighbor’s protective order request
A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.
Governor signs controversial wetlands bill into law
Gov. Eric Holcomb signed a controversial wetlands bill into law on Thursday, disappointing numerous environmental, conservation and civic groups that had spoken out against the legislation.
COA rules for property owners in easement dispute with hunting club
A Dearborn County hunting club can’t use an easement to access its business, the Indiana Court of Appeals ruled, affirming a judgment for adjoining property owners who claimed the club violated the terms of the easement.
COA reverses reopening of dismissed eminent domain action
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
COA affirms $245K judgment against brother in family farm dispute
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Judge dismisses lawsuit over Indiana’s Lake Michigan beaches
A federal judge has dismissed the latest attempt by property owners in a northwestern Indiana town to deny public access to Lake Michigan beaches.
Adams and Engel: Planning considerations for IRC Section 1031 exchanges
Many commercial real estate owners, even those who previously did not intend to sell, are considering selling their real estate to take advantage of current market conditions. With transactions seemingly becoming quicker each year, it is important for owners to consider many factors when preparing to sell their real estate, including executing an Internal Revenue Code (IRC) Section 1031 exchange.
ALJ attorney fees bill heading into opposition at Senate hearing
After sailing through the House without a single vote in opposition, a bill that would enable individuals to recoup attorney fees from state agencies could hit a stiff wind Wednesday as public interest organizations are aligning to try to block the legislation from moving any further through the Statehouse.
Agency reverses Trump-era oil rights ruling snubbing tribes
The Biden administration has scrapped a Department of Interior opinion under former President Donald Trump that attempted to strip mineral rights under the original Missouri River riverbed from a North Dakota tribal nation.
SCOTUS seems ready to rule against unions in farm case
The United States Supreme Court appeared ready Monday to side with two California agriculture businesses that want to bar labor organizers from their property, a case that could be another blow to unions.
COA splits on whether email was contract between apartment owner, vendor
A settlement offer received via email between a former apartment owner and a service vendor was an enforceable contract, a majority of the Indiana Court of Appeals has affirmed. A dissenting judge, however, would reverse the order requiring the parties to be bound by the terms of a March 2016 email exchange.
Developer may water ski but not build dock on lakefront property, COA rules
A developer who sold his property in the lakefront subdivision he developed cannot now build a dock on that lake, even though he has lifetime rights to ski there, the Indiana Court of Appeals affirmed in a Tuesday opinion.