Articles

COA sends I-69 property-taking dispute to damages trial

A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.

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Indiana high court to hear Simon-Starbucks dispute

The Indiana Supreme court will decide whether Starbucks Corp. can close 77 Teavana stores in malls across the country after granting an appeal in Simon Property Group’s case against the coffee giant. The high court asserted its authority to assume jurisdiction in cases it deems an emergency.

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Special judge halts ‘irrational’ Charlestown code enforcement

After criticizing a southern Indiana city’s practice of levying code violation fines against some, but not all, local property owners as “irrational,” a Scott County judge has issued a preliminary injunction requiring the city to issue fines in a consistent manner that complies with local ordinances.

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Court upholds Indianapolis Land Bank fraud convictions

Two men convicted in an elaborate fraud scheme involving the Indianapolis Land Bank have lost their federal appeal, with the 7th Circuit Court of Appeals ruling Friday there was sufficient evidence to support their multiple fraud convictions.

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Abrams: Why don’t real estate attorneys retire?

People ask me when I might be retiring. I respond, “Why would I retire? I get to work every day with my friends who are my clients, they are all sophisticated, bright and fun to be with (well, most of them). … Why would I want to retire?”

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Delegating design raises importance of construction contracts

The pressure to complete designs quickly and save money, along with the increasing complexity of mechanical systems within commercial structures, are prompting more parties in the construction project to take on design responsibilities. Contracts are key to avoiding future conflicts.

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COA finds for bank in construction lien litigation

The Indiana Court of Appeals has ruled in favor of a bank in a legal battle over which lien in a construction project should take priority, with the court determining the bank’s lien was superior to a mechanic’s lien because the bank’s mortgage on the project secured its loan of funds to the construction project.

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Trump to speed up public-works permits, drop climate order

President Donald Trump signed an executive order Tuesday that’s designed to streamline the approval process for building roads, bridges and other infrastructure by establishing “one federal decision’’ for major projects and setting an average two-year goal for permitting.

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