Lawyers help vulnerable man overcome exploitation
Looking down at a page filled with words he couldn’t comprehend, Paul Mason was urged to sign on the dotted line. He had no idea he was signing away life as he knew it.
Real Estate/Construction
Articles
Law exempting Bloomington, W. Lafayette from rental fee cap struck down
Rental property owners in Bloomington and West Lafayette may be getting a reduction in their registration fees after the Indiana Supreme Court struck down the exemption that allowed the college towns to charge more to landlords than the $5 mandated in state statute.
Rent-to-buy contract argued before Indiana Supreme Court
A dispute that could have a far-reaching impact on the sizable rent-to-own housing market in the Hoosier state was presented to the Indiana Supreme Court on Thursday morning with attorneys arguing over the nature of the rent-to-own contract.
Easement allows surrounding properties access, COA rules
The Indiana Court of Appeals affirmed a trial court order determining that a mulch business could have access to an easement owned by a neighboring property, finding that the easement was for the benefit of all surrounding properties.
Legislation aims to tame ‘Wild West’ nature of land contracts
A bill that passed through the Indiana House 82-14 and is now in the Senate would protect families from predatory land contracts. Provisions would require buyers be told the value of the property and how much they will ultimately pay for it if they complete the terms of the agreement, among other protections.
Giordano: Additional insured coverage — Get what you’re bargaining for
Many contracts require one party to name the other as an “additional insured,” but too often without specifying the scope of coverage required. This is problematic because coverage for additional insureds comes varied, and the parties may have different ideas of what coverage the contract requires.
Tax Court affirms reduced Jeffersonville Meijer assessment
The Clark County assessor has lost her appeal of a determination that lowered the assessed value of a Jeffersonville Meijer store when the Indiana Tax Court found she failed to prove the decision was contrary to law, unsupported by substantial evidence, or was an abuse of discretion.
Hendricks Judge Freese faces discipline charges
A Hendricks County judge and former leader of the Indiana Judges Association is facing disciplinary charges stemming from allegations that he appointed a friend as trustee of an estate case, then failed to take prompt action upon learning that the man was not fulfilling his duties and was possibly stealing from the trust.
COA: buyer did not slander title to property in lis pendens notice
Issuing another ruling in a 10-year lawsuit arising from a real estate deal gone bad, the Indiana Court of Appeals reminded the property seller that it cannot sue the buyer for slander over statements made in a lis pendens notice.
No malicious intent found in prosecution of debt suit
The Indiana Court of Appeals affirmed summary judgment for a heavy equipment company when it found there was no malicious prosecution of an Indiana quarry and its owner over a debt.
Rent-to-own lawsuits rise in federal, state courts
Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
Web Exclusive: Are E.coli outbreaks a concern for CAFOs?
Large livestock operations in the Western United States are suspected culprits in the E. coli contamination of romaine lettuce, but Hoosier agriculture experts doubt a similar situation is likely here.
Chatham Arch residential project set to move forward after legal battle
A legal challenge to a proposed mixed-use development in downtown Indianapolis’ Chatham Arch neighborhood will not be heard by the state’s highest court, paving the way for project to finally get under way after two years of delays.
COA affirms dismissal of annexation fiscal plan challenge
The Indiana Court of Appeals affirmed the dismissal of a Dayton resident’s complaint for declaratory judgment against the town when it found meritless her assertions that a fiscal plan for a proposed annexation was “inadequate.”
Judgment affirmed for Ellettsville land owner in easement suit
The Indiana Supreme Court affirmed a trial court’s entry of summary judgment for a landowner against the owner of the property’s adjacent lot when it found that Indiana’s common-law rule prohibited the unilateral relocation of fixed easements.
US Supreme Court pushes deadline on Lake Michigan beach case
The U.S. Supreme Court won’t decide until next year whether to consider arguments from residents of Chief Justice John Roberts’ Indiana hometown of Long Beach over ownership of the Lake Michigan community’s shoreline. The case could have a ripple effect for public and private property rights across the Great Lakes states.
Order to return 5-unit apartment to single-family house upheld
The Indiana Court of Appeals affirmed a public works and safety board’s order that a man restore a property he uses as apartments back to a single-family dwelling after finding the home to be unsafe and sufficient evidence proved it was not a multi-family unit.
New Notre Dame research effort boosts private law program
Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.
Justices skeptical of argument to overturn Va. mining ban
The Supreme Court seemed skeptical of arguments by companies seeking to overturn a decades-old ban on uranium mining in Virginia. The commonwealth has had a ban on uranium mining since the 1980s.
Court reverses judgment for buyer in soured land-sale deal
A Marion Superior judge clearly erred in excluding a contract as evidence, then wrongly ruled for the defendant in a lawsuit arising from a home sale agreement she backed out of, the Indiana Court of Appeals determined Friday.