Woman gets share of property in ‘tenants in common’ dispute
The court found that a woman is entitled to her equal share of a farm that her former boyfriend purchased a decade ago for the couple to live on.
Real Estate & Retail
Articles
COA: Res judicata bars Indy condo complex’s appeal of receiver fees
This was the fourth time the Court of Appeals has weighed in on the case, which centers on the Towne & Terrace condo development at East 42nd Street and Post Road.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
Store managers not involved in customer injuries not liable for negligence, justices rule
In answering a certified question from a federal judge, the Indiana Supreme Court held Wednesday that store managers who are not directly involved in a patron’s injury on store property cannot be held liable for negligence under Indiana law.
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.
Pebworth and Sausser: Change, opportunity in post-pandemic real estate market
The COVID-19 pandemic has fundamentally altered how commercial real estate will be developed, built and used. Prudent real estate owners, developers, property managers and builders (and the lawyers who represent them) need to recognize this changed environment and proceed accordingly.
Justices agree to hear appeal in Menards negligence dispute
A ruling from the Indiana Court of Appeals that partially entered judgment in favor of a Menards store in a customer’s personal injury suit will go before the Indiana Supreme Court after the justices granted transfer to the case last week.
Indianapolis loses appeal of order to permit Hustler Hollywood store
The city of Indianapolis has lost its appeal in years-long litigation against Hustler Hollywood, which has been trying for more than four years to open a store in the Circle City. The Indiana Court of Appeals on Friday upheld a lower court ruling ordering the city to issue permits to the adult entertainment company.
COA dismisses as premature appeal in breach-of-contract suit
The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.
Indy law firms join forces, form Waldron Tate Bowen Funk Spandau
A small Indianapolis law firm that’s less than a decade old has grown again, this time building its staff by adding a veteran attorney to form a firm whose newest partner says is informally known around the office as “Mom and the boys.”
‘Fairly simple bill’ provides way to reject discriminatory land title restrictive covenants
Although covenants barring people of certain races, ethnicities and religions from owning property are no longer enforceable, they are still attached to many deeds and mortgages throughout Indiana.
Tax Court affirms assessment of Boone County Meijer store
The Indiana Tax Court has affirmed a final determination rendered by the Indiana Board of Tax Review for a Boone County Meijer store that increased its assessed value over four years.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.
Ruling barring Abercrombie & Fitch from closing Simon stores upheld
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
Simon cuts discount deal to buy Taubman, halt COVID-related merger suit
Indianapolis-based Simon Property Group has negotiated a $656 million cut in the price it will pay to purchase a Michigan-based shopping center company in light of the pandemic — a deal that comes just in time to stop a trial that was set to start Monday.
Bar owners sue Indianapolis over ‘arbitrary and unreasonable’ pandemic rules
The owners of 20 Marion County bars and nightclubs are suing Indianapolis, Mayor Joe Hogsett, and the Marion County Public Health Department and its director, Dr. Virginia Caine, over COVID-19 pandemic restrictions that they say violate their constitutional rights.
Justices accept Northern District’s negligence certified question
The Indiana Supreme Court has accepted a certified question on the issue negligence, granting a request to resolve a jurisdictional split within the Northern Indiana District Court over whether store managers may be liable in slip-and-fall cases.
$479K judgment against Crown Point grocer in slip-and-fall case upheld
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
Judgment of $246K for Carmel landlord upheld in business lease dispute
A Carmel landlord was properly awarded damages of nearly $250,000 plus attorney fees in a dispute over unpaid office rent, the Indiana Court of Appeals ruled Thursday. The appellate court found no grounds for disturbing a Hamilton Superior Court’s judgment that discredited the tenant’s argument.
Simon sues tenant Brooks Brothers, seeks $8.7M in unpaid rent
Indianapolis-based shopping mall landlord Simon Property Group has filed a lawsuit against clothing retailer Brooks Brothers that seeks more than $8.7 million in unpaid rent.