Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Supreme Court denied 31 transfers and approved two cases for transfer last week.
On April 4, the court granted the transfer of State of Indiana v. Franciscan Alliance Inc. et al.
In December 2022, Franciscan Alliance and other businesses filed a lawsuit against the state for the closure of Fairview Road near State Road 37 due to construction. Franciscan claimed the closure of the road “resulted in a loss of access to its property”.
The trial on damages determined Franciscan was owed money for damages, but the Indiana Court of Appeals reversed the decision, claiming the issue was a “textbook illustration of the traffic-flow rule,” and that Franciscan still had access to State Road 37 even though construction added more travel distance to get to it.
The Court of Appeals panel claims the jury’s award reflects non-compensable damages.
The petition urges the Supreme Court to reevaluate the traffic-flow rule. It also asks for a reevaluation of how much damage the construction did to the appellees’ businesses.
The court also granted the transfer of J.D. et al. V. R.W., a 2023 case involving the adoption of a child by their grandparents.
In the case, the appellate court denied the adoption of the child by their grandparents because it’s not in the child’s best interest.
The court argued it is inherently in a child’s best interest to be raised by a biological parent, citing in this case the biological dad’s steps toward rehabilitation from criminal activities and the fact the grandparents would be raising a child well into their 80s if the adoption went through.
Please enable JavaScript to view this content.